PROPOSED RULES
LABOR AND INDUSTRIES
Original Notice.
Preproposal statement of inquiry was filed as WSR 12-04-073.
Title of Rule and Other Identifying Information: Chapter 296-17 WAC, General reporting rules, audit and recordkeeping, rates and rating system for workers' compensation insurance and chapter 296-17A WAC, Classifications for Washington workers' compensation insurance.
Hearing Location(s): Labor and Industries Building, Room S119, 7273 Linderson Way S.W., Tumwater, WA 98501, on April 27, 2012, at 1:00 p.m.
Date of Intended Adoption: May 22, 2012.
Submit Written Comments to: Doug Stewart, P.O. Box 44140, Olympia, WA 98504-4140, e-mail doug.stewart@lni.wa.gov, fax (360) 902-4799, by April 27, 2012, 5:00 p.m.
Assistance for Persons with Disabilities: Contact office of information and assistance by April 25, 2012, TTY (360) 902-5797.
Purpose of the Proposal and Its Anticipated Effects, Including Any Changes in Existing Rules: This rule making is being proposed for housekeeping updates to a number of classifications and reporting rules in the workers' compensation program. The proposal is to correct text and reference errors, format for better readability, update language which has changed as a result of technology, and make classification instructions and/or definitions clearer.
| | WAC 296-17-31002 General rule definitions, remove reference to 6302, which no longer exists. |
| | WAC 296-17-31006 Application process, update all language referring to master application (change department of licensing to department of revenue). |
| | WAC 296-17-310171 How to report hours for employees supporting multiple business operations, remove 6302, which no longer exists. |
| | WAC 296-17-31027 Temporary staffing services, correct reference "WAC 296-17-757 through 296-17-76213" to "296-17A-7104 through 296-17A-7122"; correct verbiage. |
| | WAC 296-17-35203 (9)(b), Special reporting instruction, clarify a taxi record-keeping requirement. |
| | WAC 296-17-920 Assessment for supplemental pension fund, correct self-insurance WAC reference from WAC 296-15-060 to WAC 296-15-229. |
| | WAC 296-17A-0107, Utility line construction: Underground, N.O.C., add clarifications for installation of lighting standards in various places. |
| | WAC 296-17A-0217, Concrete flatwork -- Construction and/or repair: N.O.C., add language that concrete curbing may be reported in 0301 (landscaping). |
| | WAC 296-17A-0219, Construction specialty services, add clarifications for installation of lighting standards in various places. |
| | WAC 296-17A-0301, Landscape construction operations, N.O.C., add language that concrete curbing may be reported in 0301 (landscaping). |
| | WAC 296-17A-0302, Brick, block, rock and slate work, N.O.C., add clarifications in language of tile, floor covering, marble, etc. |
| | WAC 296-17A-0307, Furnaces and heating systems: Installation, service or repair, correct typo in a reference from 3402 to 3404. |
| | WAC 296-17A-0502, Carpet, vinyl, tile and other floor or countertop covering: Installation or removal, add clarifications in language of tile, floor covering, marble, etc. |
| | WAC 296-17A-0504, Waterproofing, N.O.C.: Buildings or structures, add manual and mechanized language clarification. |
| | WAC 296-17A-0510, Wood frame building: Construction or alterations, N.O.C., correct guideline to refer to 0516-02, rather than 0510-02. |
| | WAC 296-17A-0513, Interior finish carpentry, add clarifications in language of tile, floor covering, marble, etc. |
| | WAC 296-17A-0601, Electrical wiring in buildings; electrical wiring, N.O.C.; permanent flood lighting: Installation, add clarifications for installation of lighting standards in various places. |
| | WAC 296-17A-1005, Shake and/or shingle mills, correct reference from WAC 296-17-534 to WAC 296-17A-1002. |
| | WAC 296-17A-1103, Top soil, humus, peat and beauty bark dealers -- Yard operations, clarify language regarding excluded activities. |
| | WAC 296-17A-1501, Community action organizations -- All other employees N.O.C., add clarification excluding businesses that provide only one type of service, which is to be reported in the applicable classification for that service. |
| | WAC 296-17A-2102, Recycle, collection and receiving stations; rages, bottles, paper and metal container dealers, N.O.C., add "computer recycle" to language. |
| | WAC 296-17A-2907, Wood cabinet, countertop, and fixture: Manufacturing, modifying or assembly, add clarifications in language of tile, floor covering, marble, etc. |
| | WAC 296-17A-3104, Soapstone or soapstone products: Manufacturing; marble cutting and polishing; slate milling; stone cutting or polishing, N.O.C., add clarifications in language of tile, floor covering, marble, etc. |
| | WAC 296-17A-3406, Automobile or truck -- Detailing by contractor; glass tinting; windshield repair, add "or installation" to list of exclusions. |
| | WAC 296-17A-3411, Automobile: Service centers, repair shops or garages, add tire chain installation/roadside assistance. |
| | WAC 296-17A-3509, Statuary and ornament: Manufacturing, add clarifications in language of tile, floor covering, marble, etc. |
| | WAC 296-17A-3602, Dental laboratories, add "Kiosks in mall that makes custom dental molds" to subclassification 05. |
| | WAC 296-17A-3905, Restaurants, N.O.C., add language to subclassification 00, "products made onsite by the restaurant for purchase by their customers are included." |
| | WAC 296-17A-4107, Business machine: Service, adjustment, repair, and installation, N.O.C., add "computer recycle." |
| | WAC 296-17A-4904, Clerical office: Insurance companies, agents or brokers, remove Title 48 RCW references which are no longer correct. |
| | WAC 296-17A-4905, Hotels or motels, clarify language regarding food service. |
| | WAC 296-17A-5301, Management consultant services, N.O.C., add exception excluding businesses that do only computer consulting for others, which is to be reported in 5302. |
| | WAC 296-17A-5308, Community action organizations -- Professional services and administrative employees, add language "excludes businesses that provide only one type of service which is to be reported in the applicable classification." |
| | WAC 296-17A-6103, Day nurseries or child day care centers; officials for amateur athletic or cultural events, N.O.C., update language in daycare subclassification 06 to better distinguish activities between 6103 and 6104. Remove from 6103-12 teachers and clerical office. |
| | WAC 296-17A-6104, Day nurseries or child day care centers - all other employments, N.O.C., update language in daycare subclassification 06 to better distinguish activities between 6103 and 6104. |
| | WAC 296-17A-6303, Insurance sales personnel and claims adjusters, remove Title 48 RCW references which are no longer correct. Add activities performed in a showroom as this is noted in the list of standard exception classes. |
| | WAC 296-17A-6406, Retail stores, N.O.C., remove "quickprint" from classification. |
| | WAC 296-17A-6512, Home care services/home care quality authority (HCQA), correct HCQA to home care referral registry. |
| | WAC 296-17A-6708, Professional motor vehicle or watercraft race drivers, add cross reference to the race driver reporting requirements. |
| | WAC 296-17A-7107, Temporary staffing services: Bakery, restaurant, or food sundry preparation; musicians or entertainers, correct and clarify some language concerning which classifications to use for certain activities. |
| | WAC 296-17A-7109, Temporary staffing services: Electronic, precision, and scientific equipment assembly; nonfield technician services, correct and clarify some language concerning which classifications to use for certain activities. |
| | WAC 296-17A-7112, Temporary staffing services: Agricultural operations, correct and clarify some language concerning which classifications to use for certain activities. |
| | WAC 296-17A-7113, Temporary staffing services: Janitorial, plant or facility supplemental maintenance and grounds keeping services, correct and clarify some language concerning which classifications to use for certain activities. |
| | WAC 296-17A-7115, Temporary staffing services: Cannery, bottling or food processing operations, correct and clarify some language concerning which classifications to use for certain activities. |
| | WAC 296-17A-7117, Temporary staffing services: Manufacturing operations, N.O.C.; specialty trades, correct and clarify some language concerning which classifications to use for certain activities. |
| | WAC 296-17A-7202, Real estate agencies, update real estate title references due to industry broker/name changes. |
Statutory Authority for Adoption: RCW 51.04.020, 51.16.035, and 51.16.100.
Statute Being Implemented: RCW 51.16.035.
Rule is not necessitated by federal law, federal or state court decision.
Name of Proponent: Department of labor and industries, governmental.
Name of Agency Personnel Responsible for Drafting: Jo Anne Attwood, Tumwater, Washington, (360) 902-4777; Implementation: Les Hargrave, Tumwater, Washington, (360) 902-4298; and Enforcement: Beth Dupre, Tumwater, Washington, (360) 902-4209.
No small business economic impact statement has been prepared under chapter 19.85 RCW. The agency is exempt from conducting a small business economic impact statement since the proposed rules set or adjust fees or rates pursuant to legislative standards described in RCW 34.05.310 (4)(f) and do not change current coverage options for employers and workers.
A cost-benefit analysis is not required under RCW 34.05.328. Since the proposed rules do not change any existing coverage options for employers or workers and adjust fees pursuant to legislative standards, they are exempted by RCW 34.05.328 (5)(b)(vi) from the requirement for a cost-benefit analysis.
March 20, 2012
Judy Schurke
Director
OTS-4614.2
AMENDATORY SECTION(Amending WSR 11-24-022, filed 11/30/11,
effective 1/1/12)
WAC 296-17-31002
General rule definitions.
In
developing the general reporting rules and classifications
which govern Washington's workers' compensation classification
plan, we have used certain words or phrases which could have
several meanings. Many of these words or phrases are defined
by law in the Revised Code of Washington (Title 51 RCW) ((and
can be found in Appendix A of this manual)). Some words,
however, are not defined by law. To reduce the
misunderstanding which can result by our use of certain words
or phrases not defined in law (Title 51 RCW), we have
developed definitions which will govern what these words and
phrases mean for purposes of these chapters (chapters 296-17
and 296-17A of the Washington Administrative Code (WAC)).
The following words or phrases mean:
Account: A unique numerical reference that we assign to you that identifies your business or businesses and allows us to track exposure that you report to us and losses (claims) which we pay on your behalf.
Account manager: An individual who works in the underwriting section of the department of labor and industries and manages an employer's workers' compensation insurance account. An account manager is also referred to as an underwriter.
Actual hours worked: A worker's composite work period beginning with the starting time of day that the employee's work day commenced, and includes the entire work period, excluding any nonpaid lunch period, and ending with the quitting time each day work was performed by an employee. The following example is provided to illustrate how work hours are to be reported. If you have questions on reporting please contact our underwriting section at 360-902-4817.
Example: A carpet installer arrives at the employer's place of business at 8:00 a.m. to pick up supplies, carpet, and the job assignment. The carpet installer arrives at the job site at 9:00 a.m. and works until 12 noon. The installer takes a half hour nonpaid lunch period and resumes working from 12:30 p.m. until 4:00 p.m. The installer then returns to the employer's premise to drop off supplies and carpet waste. The installer leaves the employer's premise at 5:30 p.m. The employer is to report nine hours of work time regardless of whether the employee is paid by the hour or by the number of yards of carpet installed.
All: When a classification contains a descriptive phrase beginning with "all" such as in "all employees," "all other employees," "all operations," or "all work to completion," it includes all operations and employments which are normally associated with the type of business covered by the classification. This condition applies even if the operations or employments are physically separated or conducted at a separate location. Operations or employments are to be classified separately when the classification wording requires it, or when the operations or employments are not incidental to, and not usually associated with, the business described by the classification.
And: When this word is contained in any rule it is to be considered the same as the phrase "and/or."
Basic classification: A grouping of businesses or
industries having common or similar exposure to loss without
regard to the separate employments, occupations or operations
which are normally associated with the business or industry.
Basic classifications describe a specific type of business
operation or industry such as mechanical logging, sawmills,
aircraft manufacturing, or restaurants. In most business
operations some workers are exposed to very little hazard,
while others are exposed to greater hazard. Since a basic
classification reflects the liability (exposure to hazard) of
a given business or industry, all the operations and
occupations that are common to an industry are blended
together and included in the classification. The rate for a
basic classification represents the average of the hazards
within the classification. All classifications contained in
this manual are considered basic classifications with the
exception of classifications 4806, 4900, 4904, 5206, 6301,
((6302,)) 6303, 7100, 7101, and temporary help classifications
7104 through 7122. Classification descriptions contained in
WAC 296-17A-0101 through 296-17A-7400 establish the intended
purpose or scope of each classification. These descriptions
will routinely include types of businesses, operations,
processes or employments which are either included or excluded
from the classification. These references are not to be
considered an all inclusive listing unless the classification
wording so specifies.
((Bone)) Bona fide officer: Any person empowered in good
faith by stockholders or directors, in accordance with
articles of incorporation or bylaws, to discharge the duties
of such officer.
But not limited to: When this phrase is used in any rule in this manual it is not to be interpreted as an all inclusive list. Such a list is meant to provide examples of operations, employments, processes, equipment or types of businesses which are either included or excluded from the scope of the classification.
Excludes or excluding: When a classification contains a descriptive phrase beginning with "excludes" or "excluding" such as "excluding drivers or delivery," "excluding second hand appliance stores," or "excludes construction operations," you must report those operations in a separate classification. If a business fails to keep the records required in the auditing recordkeeping section of this manual and we discover this, we will assign all workers' hours for which records were not maintained to the highest rated classification applicable to the work which was performed.
Exposure: Worker hours, worker days, flat rate, licenses, material, payroll or other measurement which we use to determine the extent to which an employer's workers have been exposed to the hazards found within a particular business or industry classification.
Free from direction or control: The contracted individual has the responsibility to deliver a finished product or service without the contracting firm or individual either exercising direct supervision over the work hours or the methods and details of performance or having the right to exercise that authority under the contract.
Includes or including: When a classification contains a descriptive phrase beginning with "includes" or "including" such as "including clerical office," "including meter readers," or "includes new construction or extension of lines," you must report these operations in that basic classification even though they may be specifically described by some other classification contained in this manual or may be conducted at a separate location.
Industrial insurance: Refer to the definition of "workers' compensation insurance."
N.O.C.: This abbreviation stands for not otherwise classified. Classifications are often worded in this way when there are many variations of the same general type of business and it would be nearly impossible to list all the variations. Before a classification designated with N.O.C. is used, all other related classifications must be reviewed to determine if the business or industry is specified in another classification.
Example: You operate a retail store that sells greeting
cards. In our search to classify your business we come across
a classification that covers retail stores N.O.C. Before our
underwriter assigns this classification to your business, they
would look at other retail store classifications to see if a
more precise classification could be found. In our review we
note several classifications such as grocery and department
stores where greeting cards are sold. None of these
classifications, however, specify that they include stores
that exclusively sell greeting cards. Classification 6406
"Retail stores, N.O.C.," on the other hand, contains language
in its description that states it includes stores that sell
items such as greeting cards, table top appliances, and
tropical fish and birds((, and quick print shops)). We would
assign classification 6406 "Retail stores, N.O.C." to your
business.
Or: Refer to the definition of the word "and."
Premium: The total amount of money owed to the department of labor and industries as calculated by multiplying the assigned classification composite rate by the total units of exposure.
Principal place of business: The physical location of the business from which the contract of service is directed and controlled.
Rate: The amount of premium due for each unit of exposure. All rates are composite rates per worker hour except as otherwise provided for by other rules in this manual.
Related by blood within the third degree: The degree of kinship as computed according to the rules of civil law.
Related by marriage: The union subject to legal recognition under the domestic relations laws of this state.
Risk: All insured operations of one employer within the state of Washington.
Temporary help: The term "temporary help" means the same as temporary service contractors defined in (Title 19 RCW) and applies to any person, firm, association or corporation conducting a business which consists of employing individuals directly for the purpose of furnishing such individuals on a part-time or temporary help basis to others.
Underwriter: Refer to the definition of an "account manager."
Within a reasonable period: Establishing an account with
state agencies shall be the time prior to the first date on
which the individual begins performance of service toward the
contract or the date upon which the individual is required to
establish an account with a state agency, as otherwise
required by law, whichever event ((shall last)) occurs later.
Work day: Any consecutive twenty-four hour period.
Work hour: Refer to the definition of "actual hours worked."
Workers' compensation insurance: The obligation imposed on an employer by the industrial insurance laws (Title 51 RCW) of the state of Washington to insure the payment of benefits prescribed by such laws.
[Statutory Authority: RCW 51.04.020, 51.16.035, and 51.16.100. 11-24-022, § 296-17-31002, filed 11/30/11, effective 1/1/12. Statutory Authority: RCW 51.16.035 and 51.04.020. 10-10-108, § 296-17-31002, filed 5/4/10, effective 7/1/10. Statutory Authority: RCW 51.16.035, 51.16.100, 51.04.020(1). 09-16-110, § 296-17-31002, filed 8/4/09, effective 10/1/09. Statutory Authority: RCW 51.06.035, 51.08.010, 51.04.020. 07-12-045, § 296-17-31002, filed 5/31/07, effective 7/1/07. Statutory Authority: RCW 51.16.035, 51.16.100. 05-12-031, § 296-17-31002, filed 5/24/05, effective 7/1/05. Statutory Authority: RCW 51.04.020 and 51.16.035. 04-18-025, § 296-17-31002, filed 8/24/04, effective 10/1/04. Statutory Authority: RCW 51.04.020, 51.16.035, and 51.12.120. 03-23-025, § 296-17-31002, filed 11/12/03, effective 1/1/04. Statutory Authority: RCW 51.16.035. 98-18-042, § 296-17-31002, filed 8/28/98, effective 10/1/98.]
Purchase your workers' compensation insurance through labor and industries. You will need to complete a business license application to obtain workers' compensation insurance from us; or
Be certified as a self-insured employer by the self insurance section of the department of labor and industries. For more information on self-insurance you can call 360-902-6867 and one of our self-insurance representatives will assist you.
Employers engaged exclusively in interstate or foreign
commerce are permitted to purchase workers' compensation
insurance from a private carrier in another state if they do
business in that state. The workers' compensation laws of the
other state must allow the Washington drivers to be covered in
that state. ((You will need to complete a master application
to obtain workers' compensation insurance from us. For more
information on self insurance you can call (360) 902-6867 and
one of our self insurance representatives will assist you.))
(2) Where can I get a ((master)) business license
application?
You can ((get)) file and print a ((master)) business
license application on-line at www.business.wa.gov/BLS. You
can pick up a paper business license application from:
Any office of the department of labor and
industries((,));
Employment security((,));
Department of revenue business licensing service
office((, the department of licensing master license service,
or));
The corporations division of the office of the
secretary of state((.));
For your convenience you can call us at
((())360(()))-902-4817 and we will mail you one.
(3) Where do I send my completed ((master)) business
license application?
You can mail your completed ((master)) business license
application to the department of ((licensing)) revenue address
shown on the form, or you can return it to your local
department of labor and industries office, ((department of
revenue,)) or department of employment security district tax
office. Be sure to include the appropriate fees indicated on
the form.
[Statutory Authority: RCW 51.16.035. 98-18-042, § 296-17-31006, filed 8/28/98, effective 10/1/98.]
The classification descriptions allow a division of hours; and
You maintain records from which the department can determine the hours the worker worked in each classification.
If the classification descriptions do not allow a division of hours, or if you fail to maintain adequate records, you must report the workers' hours in the highest rated risk classification applicable to your business, unless you can establish that the worker did not work in that classification.
Example: An employer has the risk classifications and rates shown below:
| Risk Class | Description | Rate | |
| 0507 05 | Roofing work | 5.1370 | |
| (( |
Wood frame building construction | 2.9554 | |
| 0513 00 | Interior finish carpentry | 1.3821 | |
If the employer had records that showed the worker only worked in classifications 0510 and 0513, but no further detail, all of the worker's hours must be reported in classification 0510.
If the employer had records that showed the hours the worker worked in classification 0510 and the hours the worker worked in 0513, the employer may report the worker's hours in both classes.
I have employees with duties that support more than one basic classification, but I am unable to distinguish their hours between classifications. In what classification(s) do I report these workers' hours? Sometimes employers are unable to divide a worker's hours between two or more classifications because the same work is incidental to more than one classification. You must report these hours in your governing classification. See "What is my governing classification?"
What is incidental work? Incidental work is any work, unless specifically excluded, that supports the operations described in your classification description(s), but takes place away from where the product or service is produced.
For example:
There is no incidental work:
At the construction site if the employer is the builder;
At the assembly facility if the employer is the manufacturer;
In the emergency room if the employer is the hospital;
In the kitchen, if the employer is in the restaurant.
Incidental work may include:
Laundry workers employed by but not working at a hotel;
Warehouse workers employed by but not working at a retail store;
A technical support team working for but not at a wholesale distributor;
Pick-up or delivery work;
Travel time.
What is my governing classification? Your governing classification is the risk classification that describes what we consider your principal business. It is the basic classification assigned to your business with the largest number of worker hours/units reported in the experience rating period as defined by WAC 296-17-850(2). If you're not sure which classification is your governing classification, you should contact your account manager or refer to the expected loss summary in your current experience rating calculation.
If you're a new business and/or a business not experience rated, a provisional governing classification may be approved by your account manager.
The following exception classifications cannot be
considered ((a)) governing classifications:
4900((,))
4904((,))
4911((,))
5206((,))
6301((, 6302,))
6303((,))
7100((, and))
7101((.))
Example 1: You operate both a motel with classification 4905, and a restaurant with classification 3905. You have an off-site laundry facility that cleans the linens for both the restaurant and for the motel.
In the sample 2009 expected loss summary shown below, the governing classification is the restaurant classification 3905 with a total of 108,199 units.
You must report all the laundry worker hours in your
governing classification.
| Class | Fiscal Year | Employee Units | Expected Loss Rate | Expected Losses | Primary Ratio | Expected Primary Losses | |||||||
| 4905 | 2005 | 10,571 | .4288 | 4,532.84 | .5790 | 2,624.51 | |||||||
| 4905 | 2006 | 12,437 | .3982 | 4,952.41 | .5790 | 2,867.45 | |||||||
| 4905 | 2007 | 14,676 | .3516 | 5,160.08 | .5790 | 2,987.69 | |||||||
| Class Total | 37,684 | 14,645.33 | 8,479.65 | ||||||||||
| 3905 | 2005 | 24,701 | .1539 | 3,801.48 | .5980 | 2,273.29 | |||||||
| 3905 | 2006 | 35,825 | .1445 | 5,176.71 | .5980 | 3,095.67 | |||||||
| 3905 | 2007 | 47,673 | .1290 | 6,149.82 | .5980 | 3,677.59 | |||||||
| Class Total | 108,199 | 15,128.01 | 9,046.55 | ||||||||||
Example 3: You have a floor covering store and also offer installation services to your customers. Your store operations are under classification 6309 and your employees performing the installation service are under classification 0502. Your expected loss summary confirms you report more hours for installation work in classification 0502 than for store operations in classification 6309. You must report all the delivery work in class 0502.
[Statutory Authority: RCW 51.16.035 and 51.04.020. 10-10-108, § 296-17-310171, filed 5/4/10, effective 7/1/10.]
(2) Who pays the workers' compensation insurance premium for temporary staffing employees? RCW 51.16.060 requires the temporary staffing service provider to pay the required premiums for temporary employees assigned to a client customer.
| Note: | If the temporary staffing service provider fails to pay the required premium to labor and industries, the client customer is responsible for the unpaid premium. |
| Note: | This process is identical to how classifications are assigned to a nontemporary staffing business. |
Example: A temporary staffing business that specializes in providing nurses to medical facilities would be assigned the temporary staffing classification for health care facilities.
Example: A temporary staffing business that provides temporary employees to a variety of client customers would be assigned multiple temporary staffing classifications.
(5) Do other businesses have special classifications? All businesses have special classifications.
Example: A nontemporary service employer engaged exclusively in plumbing work would have a plumbing classification assigned to their business.
Example: A nontemporary service employer engaged in framing houses, land clearing and roofing would have a classification for framing, one for land clearing and a separate classification for the roof work. This is done because construction work is done by contract and each contract will be different.
(6) Why doesn't labor and industries just use
nontemporary staffing classifications for temporary staffing
businesses? Temporary staffing companies requested labor and
industries to create special classifications for their
industry. The alternative to special industry classifications
would result in temporary staffing business ((to use)) using
the nontemporary staffing classification that their client
customer uses. Labor and industries has over three hundred
main classifications and twelve hundred subclassifications
that employers report in. Requiring temporary staffing
companies to use all of these classifications would result in
an administrative burden for the temporary staffing
businesses. Classifications unique to temporary staffing
provide temporary staffing businesses the incentives to
improve safety for their employees and control the cost of
workers' compensation insurance.
[Statutory Authority: RCW 51.04.020 and 51.16.035. 03-20-081, § 296-17-31027, filed 9/30/03, effective 1/1/04. Statutory Authority: RCW 51.16.035. 98-18-042, § 296-17-31027, filed 8/28/98, effective 10/1/98.]
A player is eligible for coverage in another state only when both the player and the employer agree in writing that the employment is principally localized in that state.
Example((,)): If the Washington-based team is a part of
a league with teams in only Washington, Oregon, and Idaho, the
player and the employer can agree to any of those three states
to provide coverage. However, they cannot agree to be under
California coverage since California doesn't qualify as a
state in which the player competes in regularly scheduled
games.
(a) Upon request, the department will provide forms to the owners of professional and semiprofessional sports teams for entering into agreements for both the sport player and the sport team. These agreements are referred to as "coverage agreements." Unless coverage is refused in the alternative state, the coverage agreement will determine the worker's home state for workers' compensation coverage.
(b) When a sport team and a player agree to workers' compensation coverage in another state, the following rules apply:
Sport player coverage agreement:
(i) A sport player coverage agreement must be signed by the team (employer) and each individual player (worker) covered out-of-state. Workers' compensation premiums for any work performed by the player before the agreement was signed must be paid to the department. To be valid, an agreement must be:
Signed by both parties, dated, and show the name of the state where coverage is provided.
Agree that the player's employment is principally located in that state.
Kept as part of the employer's records for at least three years after the player is released from the team.
(ii) The employer must provide the department a copy of a sport player coverage agreement when requested. Employers who do not provide the department copies of a sport player coverage agreement when requested are considered not to have secured payment of compensation as required and all premiums and penalties allowed for in Title 51 RCW will apply.
(iii) If the employers' out-of-state workers' compensation insurer rejects an injury claim because the player is a Washington worker, the employer is considered not to have secured payment of compensation as required and all premium and penalties allowed for in Title 51 RCW apply.
Sport team coverage agreement:
(c) A sport team coverage agreement must be signed by the employer (team) and the qualifying out-of-state workers' compensation insurer. Workers' compensation premiums for work performed before the agreement was signed must be paid to the department. To be valid, an agreement must:
Be signed by both parties, dated, and show the name of the state where coverage is provided.
Specify that the team's players are principally localized in that state.
Specify the insurer agreeing to provide coverage for a team based in Washington.
(d) The sport team coverage agreement must be signed annually. Copies of the agreement along with a current copy of the team's out-of-state insurance policy must be submitted to the department of labor and industries every year the out-of-state coverage is provided.
Premium payments are required for any work performed by Washington players prior to the date the department receives copies of any year's current sports teams' coverage agreement and proof of out-of-state coverage.
(2) Excluded employments. Any employer having any person
in their employ excluded from industrial insurance whose
application for coverage under the elective adoption
provisions of RCW 51.12.110 or authority of RCW 51.12.095 or
51.32.030 has been accepted by the director shall report and
pay premium on the actual hours worked for each such person
who is paid on an hourly, salaried((-)), part time, percentage
of profit or piece basis; or one hundred sixty hours per month
for any such person paid on a salary basis employed full time.
In the event records disclosing actual hours worked are not
maintained by the employer for any person paid on an hourly,
salaried((-)), part time, percentage of profits or piece
basis, the worker hours of such person shall be determined by
dividing the gross wages of such person by the state minimum
wage for the purpose of premium calculation. However, when
applying the state minimum wage the maximum number of hours
assessed for a month will be one hundred sixty.
(3) Special trucking industry rules. The following subsection shall apply to all trucking industry employers as applicable.
(a) Insurance liability. Every trucking industry employer operating as an intrastate carrier or a combined intrastate and interstate carrier must insure their workers' compensation insurance liability through the Washington state fund or be self-insured with the state of Washington.
Washington employers operating exclusively in interstate or foreign commerce or any combination of interstate and foreign commerce must insure their workers' compensation insurance liability for their Washington employees with the Washington state fund, be self-insured with the state of Washington, or provide workers' compensation insurance for their Washington employees under the laws of another state when such other state law provides for such coverage.
Interstate or foreign commerce trucking employers who insure their workers' compensation insurance liability under the laws of another state must provide the department with copies of their current policy and applicable endorsements upon request.
Employers who elect to insure their workers' compensation insurance liability under the laws of another state and who fail to provide updated policy information when requested to do so will be declared an unregistered employer and subject to all the penalties contained in Title 51 RCW.
(b) Reporting. Trucking industry employers insuring their workers' compensation insurance liability with the Washington state fund shall keep and preserve all original time records/books including supporting information from drivers' logs for a period of three calendar years plus three months.
Employers are to report actual hours worked, including time spent loading and unloading trucks, for each driver in their employ. For purposes of this section, actual hours worked does not include time spent during lunch or rest periods or overnight lodging.
Failure of employers to keep accurate records of actual hours worked by their employees will result in the department estimating work hours by dividing gross payroll wages by the state minimum wage for each worker for whom records were not kept. However, in no case will the estimated or actual hours to be reported exceed five hundred twenty hours per calendar quarter for each worker.
(c) Exclusions. Trucking industry employers meeting all of the following conditions are exempted from mandatory coverage.
(i) Must be engaged exclusively in interstate or foreign commerce.
(ii) Must have elected to cover their Washington workers on a voluntary basis under the Washington state fund and must have elected such coverage in writing on forms provided by the department.
(iii) After having elected coverage, withdrew such coverage in writing to the department on or before January 2, 1987.
If all the conditions set forth in (i), (ii), and (iii) of this subsection have not been met, employers must insure their workers' compensation insurance liability with the Washington state fund or under the laws of another state.
(d) Definitions. For purposes of interpretation of RCW 51.12.095(1) and administration of this section, the following terms shall have the meanings given below:
(i) "Agents" means individuals hired to perform services for the interstate or foreign commerce carrier that are intended to be carried out by the individual and not contracted out to others but does not include owner operators as defined in RCW 51.12.095(1).
(ii) "Contacts" means locations at which freight, merchandise, or goods are picked up or dropped off within the boundaries of this state.
(iii) "Doing business" means having any terminals, agents or contacts within the boundaries of this state.
(iv) "Employees" means the same as the term "worker" as contained in RCW 51.08.180.
(v) "Terminals" means a physical location wherein the business activities (operations) of the trucking company are conducted on a routine basis. Terminals will generally include loading or shipping docks, warehouse space, dispatch offices and may also include administrative offices.
(vi) "Washington" shall be used to limit the scope of the term "employees." When used with the term "employees" it will require the following test for benefit purposes (all conditions must be met).
The individual must be hired in Washington or must have been transferred to Washington; and
The individual must perform some work in Washington (i.e., driving, loading, or unloading trucks).
(4) Forest, range, or timber land services -- Industry
rule. Washington law (RCW 51.48.030) requires every employer
to make, keep, and preserve records which are adequate to
facilitate the determination of premiums (((taxes))) due to
the state for workers' compensation insurance coverage for
their covered workers. In the administration of Title 51 RCW,
and as it pertains to the forest, range, or timber land
services industry, the department of labor and industries has
deemed the records and information required in the various
subsections of this section to be essential in the
determination of premiums (((taxes))) due to the state fund. The records so specified and required, shall be provided at
the time of audit to any representative of the department who
has requested them.
Failure to produce these required records within thirty days of the request, or within an agreed upon time period, shall constitute noncompliance of this rule and RCW 51.48.030 and 51.48.040. Employers whose premium computations are made by the department in accordance with (d) of this subsection are barred from questioning, in an appeal before the board of industrial insurance appeals or the courts, the correctness of any assessment by the department on any period for which such records have not been kept, preserved, or produced for inspection as provided by law.
(a) General definitions. For purpose of interpretation of this section, the following terms shall have the meanings given below:
(i) "Actual hours worked" means each workers' composite work period beginning with the starting time of day that the employees' work day commenced, and includes the entire work period, excluding any nonpaid lunch period, and ending with the quitting time each day work was performed by the employee.
(ii) "Work day" shall mean any consecutive twenty-four-hour period.
(b) Employment records. Every employer shall with respect to each worker, make, keep, and preserve original records containing all of the following information for three full calendar years following the calendar year in which the employment occurred:
(i) The name of each worker;
(ii) The Social Security number of each worker;
(iii) The beginning date of employment for each worker and, if applicable, the separation date of employment for each such worker;
(iv) The basis upon which wages are paid to each worker;
(v) The number of units earned or produced for each worker paid on a piece-work basis;
(vi) The risk classification(s) applicable to each worker;
(vii) The number of actual hours worked by each worker, unless another basis of computing hours worked is prescribed in WAC 296-17-31021. For purposes of chapter 296-17 WAC, this record must clearly show, by work day, the time of day the employee commenced work, and the time of day work ended;
(viii) A summary time record for each worker showing the calendar day or days of the week work was performed and the actual number of hours worked each work day;
(ix) In the event a single worker's time is divided between two or more risk classifications, the summary contained in (b)(viii) of this subsection shall be further broken down to show the actual hours worked in each risk classification for the worker;
(x) The workers' total gross pay period earnings;
(xi) The specific sums withheld from the earnings of each worker, and the purpose of each sum withheld;
(xii) The net pay earned by each such worker.
(c) Business, financial records, and record retention. Every employer is required to keep and preserve all original time records completed by their employees for a three-year period. The three-year period is specified in WAC 296-17-352 as the composite period from the date any such premium became due.
Employers who pay their workers by check are required to keep and preserve a record of all check registers and canceled checks; and employers who pay their workers by cash are required to keep and preserve records of these cash transactions which provide a detailed record of wages paid to each worker.
(d) Recordkeeping - Estimated premium computation. Any employer required by this section to make, keep, and preserve records containing the information as specified in (b) and (c) of this subsection, who fails to make, keep, and preserve such records, shall have premiums calculated as follows:
(i) Estimated worker hours shall be computed by dividing the gross wages of each worker for whom records were not maintained and preserved, by the state's minimum wage, in effect at the time the wages were paid or would have been paid. However, the maximum number of hours to be assessed under this provision will not exceed five hundred twenty hours for each worker, per quarter for the first audited period. Estimated worker hours computed on all subsequent audits of the same employer that disclose a continued failure to make, keep, or preserve the required payroll and employment records shall be subject to a maximum of seven hundred eighty hours for each worker, per quarter.
(ii) In the event an employer also has failed to make, keep, and preserve the records containing payroll information and wages paid to each worker, estimated average wages for each worker for whom a payroll and wage record was not maintained will be determined as follows: The employer's total gross income for the audit period (earned, received, or anticipated) shall be reduced by thirty-five percent to arrive at "total estimated wages." Total estimated wages will then be divided by the number of employees for whom a record of actual hours worked was not made, kept, or preserved to arrive at an "estimated average wage" per worker. Estimated hours for each worker will then be computed by dividing the estimated average wage by the state's minimum wage in effect at the time the wages were paid or would have been paid as described in (d)(i) of this subsection.
(e) Reporting requirements and premium payments.
(i) Every employer who is awarded a forest, range, or timber land services contract must report the contract to the department promptly when it is awarded, and prior to any work being commenced, except as provided in (e)(iii) of this subsection. Employers reporting under the provisions of (e)(iii) of this subsection shall submit the informational report with their quarterly report of premium. The report shall include the following information:
(A) The employers' unified business identification account number (UBI).
(B) Identification of the landowner, firm, or primary contractor who awarded the contract, including the name, address, and phone number of a contact person.
(C) The total contract award.
(D) Description of the forest, range, or timber land services work to be performed under terms of the contract.
(E) Physical location/site where the work will be performed including legal description.
(F) Number of acres covered by the contract.
(G) Dates during which the work will be performed.
(H) Estimated payroll and hours to be worked by employees in performance of the contract.
(ii) Upon completion of every contract issued by a
landowner or firm that exceeds a total of ten thousand
dollars, the contractor primarily responsible for the overall
project shall ((submit)), in addition to the required
informational report described in (e)(i) of this subsection,
report the payroll and hours worked under the contract, and
submit payment for required industrial insurance premiums. In
the event that the contracted work is not completed within a
calendar quarter, interim quarterly reports and premium
payments are required for each contract for all work done
during the calendar quarter. The first such report and
payment is due at the end of the first calendar quarter in
which the contract work is begun. Additional interim reports
and payments will be submitted each quarter thereafter until
the contract is completed. This will be consistent with the
quarterly reporting cycle used by other employers. Premiums
for a calendar quarter, whether reported or not, shall become
due and delinquent on the day immediately following the last
day of the month following the calendar quarter.
(iii) A contractor may group contracts issued by a landowner, firm, or other contractor that total less than ten thousand dollars together and submit a combined quarterly report of hours, payroll, and the required premium payment in the same manner and periods as nonforestation, range, or timber land services employers.
(f) Out-of-state employers. Forest, range, or timber land services contractors domiciled outside of Washington state must report on a contract basis regardless of contract size for all forest, range, or timber land services work done in Washington state. Out-of-state employers will not be permitted to have an active Washington state industrial insurance account for reporting forest, range, or timber land services work in the absence of an active Washington forest, range, or timber land services contract.
(g) Work done by subcontract. Any firm primarily responsible for work to be performed under the terms of a forest, range, or timber land services contract, that subcontracts out any work under a forest, range, or timber land services contract must send written notification to the department prior to any work being done by the subcontractor. This notification must include the name, address, Social Security number, farm labor contractor number, (UBI) of each subcontractor, and the amount and description of contract work to be done by subcontract.
(h) Forest, range, or timber land services contract
release - Verification of hours, payroll, and premium. The
department may verify reporting of contractors by way of an
on-site visit to an ((employers')) employer's work site. This
on-site visit may include close monitoring of employees and
employee work hours. Upon receipt of a premium report for a
finished contract, the department may conduct an audit of the
firm's payroll, employment, and financial records to validate
reporting. The entity that awarded the contract can verify
the status of the contractors' accounts on-line at the
department's web site (www.lni.wa.gov) or by calling the
account manager. The landowner, firm, or contractor will not
be released from premium liability until the final report for
the contract from the primary contractor and any
subcontractors has been received and verified by the
department.
(i) Premium liability - Work done by contract. Washington law (RCW 51.12.070) places the responsibility for industrial insurance premium payments primarily and directly upon the person, firm, or corporation who lets a contract for all covered employment involved in the fulfillment of the contract terms. Any such person, firm, or corporation letting a contract is authorized to collect from the contractor the full amount payable in premiums. The contractor is in turn authorized to collect premiums from any subcontractor they may employ his or her proportionate amount of the premium payment.
To eliminate premium liability for work done by contract permitted by Title 51 RCW, any person, firm, or corporation who lets a contract for forest, range, or timber land services work must submit a copy of the contract they have let to the department and verify that all premiums due under the contract have been paid.
Each contract submitted to the department must include within its body, or on a separate addendum, all of the following items:
(i) The name of the contractor who has been engaged to perform the work;
(ii) The contractor's UBI number;
(iii) The contractor's farm labor contractor number;
(iv) The total contract award;
(v) The date the work is to be commenced; a description of the work to be performed including any pertinent acreage information;
(vi) Location where the work is to be performed;
(vii) A contact name and phone number of the person, firm, or corporation who let the contract;
(viii) The total estimated wages to be paid by the contractor and any subcontractors;
(ix) The amount to be subcontracted out if such subcontracting is permitted under the terms of the contract;
(x) The total estimated number of worker hours anticipated by the contractor and his/her subcontractors in the fulfillment of the contract terms;
(j) Reports to be mailed to the department. All contracts, reports, and information required by this section are to be sent to:
The Department of Labor and Industries
Reforestation Team 8
P.O. Box 44168
((Tumwater)) Olympia, Washington 98504-4168
(k) Rule applicability. If any portion of this section
is declared invalid, only that portion is repealed. The
balance of the section shall remain in effect.
(5) Logging and/or tree thinning -- Mechanized operations -- Industry rule. The following subsection shall apply to all employers assigned to report worker hours in risk classification 5005, WAC 296-17A-5005.
(a) Every employer having operations subject to risk classification 5005 "logging and/or tree thinning - Mechanized operations" shall have their operations surveyed by labor and industries insurance services staff prior to the assignment of risk classification 5005 to their account. Annual surveys may be required after the initial survey to retain the risk classification assignment.
(b) Every employer assigned to report exposure (work hours) in risk classification 5005 shall supply an addendum report with their quarterly premium report which lists the name of each employee reported under this classification during the quarter, the Social Security number of such worker, the piece or pieces of equipment the employee operated during the quarter, the number of hours worked by the employee during the quarter, and the wages earned by the employee during the quarter.
(6) Special drywall industry rule.
(a) What is the unit of exposure for drywall reporting? Your premiums for workers installing and finishing drywall (reportable in risk classifications 0540, 0541, 0550, and 0551) are based on the amount of material installed and finished, not the number of hours worked.
The amount of material installed equals the amount of material purchased or taken from inventory for a job. No deduction can be made for material scrapped (debris). A deduction is allowed for material returned to the supplier or inventory.
The amount of material finished for a job equals the amount of material installed. No deduction can be made for a portion of the job that is not finished (base layer of double-board application or unfinished rooms).
Example: Drywall installation firm purchases 96 4' x 8' sheets of material for a job which includes some double-wall installation. The firm hangs all or parts of 92 sheets, and returns 4 sheets to the supplier for credit. Drywall finishing firm tapes, primes and textures the same job. Both firms should report 2,944 square feet (4 x 8 x 92) for the job.
(b) I do some of the work myself. Can I deduct material I as an owner install or finish? Yes. Owners (sole proprietors, partners, and corporate officers) who have not elected coverage may deduct material they install or finish.
When you as an owner install (including scrap) or finish (including tape and prime or texture) only part of a job, you may deduct an amount of material proportional to the time you worked on the job, considering the total time you and your workers spent on the job.
To deduct material installed or finished by owners, you must report to the department by job, project, site or location the amount of material you are deducting for this reason. You must file this report at the same time you file your quarterly report:
% of owner discount x (total footage of job − subcontracted footage, if any) = Total owner deduction of footage.
To deduct material installed or taped by subcontractors, you must report to the department by job, project, site or location the amount of material being deducted. You must file this report at the same time you file your quarterly report. You must have and maintain business records that support the number of square feet worked by the subcontractor.
(d) I understand there are discounted rates available for the drywall industry. How do I qualify for them? To qualify for discounted drywall installation and finishing rates, you must:
(i) Have an owner attend two workshops the department offers (one workshop covers claims and risk management, the other covers premium reporting and recordkeeping);
(ii) Provide the department with a voluntary release authorizing the department to contact material suppliers directly about the firm's purchases;
(iii) Have and keep all your industrial insurance accounts in good standing (including the accounts of other businesses in which you have an ownership interest), which includes fully and accurately reporting and paying premiums as they come due, including reporting material deducted as owner or subcontractor work;
(iv) Provide the department with a supplemental report (filed with the firm's quarterly report) showing by employee the employee's name, Social Security number, the wages paid them during the quarter, how they are paid (piece rate, hourly, etc.), their rate of pay, and what work they performed (installation, scrapping, taping, priming/texturing); and
(v) Maintain accurate records about work you subcontracted to others and materials provided to subcontractors (as required by WAC 296-17-31013), and about payroll and employment (as required by WAC 296-17-35201).
The discounted rates will be in effect beginning with the first quarter your business meets all the requirements for the discounted rates.
| Note: | If you are being audited by the department while your application for the discounted classifications is pending, the department will not make a final decision regarding your rates until the audit is completed. |
(i) Do not file all reports, including supplemental reports, when due;
(ii) Do not pay premiums on time;
(iii) Underreport the amount of premium due; or
(iv) Fail to maintain the requirements for qualifying for the discounted rates.
Disqualification takes effect when a criterion for disqualification exists.
Example: A field audit in 2002 reveals that the drywall installation firm underreported the amount of premium due in the second quarter of 2001. The firm will be disqualified from the discounted rates beginning with the second quarter of 2001, and the premiums it owed for that quarter and subsequent quarters for three years will be calculated using the nondiscounted rates.
If the drywall underwriter learns that your business has failed to meet the conditions as required in this rule, your business will need to comply to retain using the discounted classifications. If your business does not comply promptly, the drywall underwriter may refer your business for an audit.
If, as a result of an audit, the department determines your business has not complied with the conditions in this rule, your business will be disqualified from using the discounted classifications for three years (thirty-six months) from the period of last noncompliance.
(f) If I discover I have made an error in reporting or
paying premium, what should I do? If you discover you have
made a mistake in reporting or paying premium, you should
contact the department and correct the mistake. Firms not
being audited by the department ((who)) that find errors in
their reporting and paying premiums, and ((who)) that
voluntarily report their errors and pay any required premiums,
penalties and interest promptly, will not be disqualified from
using the discounted rates unless the department determines
they acted in bad faith.
(7) Safe patient handling rule. The following subsection will apply to all hospital industry employers as applicable.
(a) Definitions. For the purpose of interpretation of this section, the following terms shall have the meanings given below:
(i) "Hospital" means an "acute care hospital" as defined in (a)(ii) of this subsection, a "mental health hospital" as defined in (a)(iii) of this subsection, or a "hospital, N.O.C. (not otherwise classified)" as defined in (a)(iv) of this subsection.
(ii) "Acute care hospital" means any institution, place, building, or agency providing accommodations, facilities, and services over a continuous period of twenty-four hours or more for observation, diagnosis, or care of two or more individuals not related to the operator who are suffering from illness, injury, deformity, or abnormality, or from any other condition for which obstetrical, medical, or surgical services would be appropriate for care or diagnosis. "Hospital" as used in this rule does not include:
Hotels, or similar places furnishing only food and
lodging, or simply domiciliary care; ((nor does it include))
Clinics, or physicians' offices where patients are not
regularly kept as bed patients for twenty-four hours or more;
((nor does it include))
Nursing homes, as defined and which come within the
scope of chapter 18.51 RCW; ((nor does it include))
Birthing centers, which come within the scope of
chapter 18.46 RCW; ((nor does it include))
Psychiatric or alcoholism hospitals, which come within
the scope of chapter 71.12 RCW; ((nor))
Any other hospital or institution specifically intended for use in the diagnosis and care of those suffering from mental illness, mental retardation, convulsive disorders, or other abnormal mental conditions.
Furthermore, nothing in this chapter will be construed as authorizing the supervision, regulation, or control of the remedial care or treatment of residents or patients in any hospital conducted for those who rely primarily upon treatment by prayer or spiritual means in accordance with the creed or tenets of any well-recognized church or religious denominations.
(iii) "Mental health hospital" means any hospital operated and maintained by the state of Washington for the care of the mentally ill.
(iv) "Hospitals, N.O.C." means health care facilities that do not qualify as acute care or mental health hospitals and may be privately owned facilities established for purposes such as, but not limited to, treating psychiatric disorders and chemical dependencies or providing physical rehabilitation.
(v) "Safe patient handling" means the use of engineering controls, lifting and transfer aids, or assistance devices, by lift teams or other staff, instead of manual lifting to perform the acts of lifting, transferring and repositioning health care patients.
(vi) "Lift team" means hospital employees specially trained to conduct patient lifts, transfers, and repositioning using lifting equipment when appropriate.
(vii) "Department" means the department of labor and industries.
(b) Hospitals will report worker hours in the risk classification that describes the nature of their operations and either their level of implementation of, or need for, the safe patient handling program.
(c) A fully implemented safe patient handling program must include:
(i) Acquisition of at least the minimum number of lifts and/or appropriate equipment for use by lift teams as specified in chapters 70.41 and 72.23 RCW.
(ii) An established safe patient handling committee with at least one-half of its membership being front line, nonmanagerial direct care staff to design and recommend the process for implementing a safe patient handling program.
(iii) Implementation of a safe patient handling policy for all shifts and units.
(iv) Conducting patient handling hazard assessments to include such variables as patient-handling tasks, types of nursing units, patient populations, and the physical environment of patient care areas.
(v) Developing a process to identify appropriate use of safe patient handling policy based on a patient's condition and availability of lifting equipment or lift teams.
(vi) Conducting an annual performance evaluation of the program to determine its effectiveness with results reported to the safe patient handling committee.
(vii) Consideration, when appropriate, to incorporate patient handling equipment or the physical space and construction design needed to incorporate that equipment at a later date during new construction or remodeling.
(viii) Development of procedures that allow employees to choose not to perform or participate in patient handling activities that the employee believes will pose a risk to him/herself or to the patient.
(d) Department staff will conduct an on-site survey of each acute care and mental health hospital before assigning a risk classification. Subsequent surveys may be conducted to confirm whether the assigned risk classification is still appropriate.
(e) To remain in classification 6120-00 or 7200-00, a hospital must submit a copy of the annual performance evaluation of their safe patient handling program, as required by chapters 70.41 and 72.23 RCW, to the Employer Services Program, Department of Labor and Industries, P.O. Box 44140, Olympia, Washington, 98504.
(8) Rules concerning work by Washington employers outside the state of Washington (extraterritorial coverage).
(a) General definitions. For purposes of this section, the following terms mean:
(i) "Actual hours worked" means the total hours of each Washington worker's composite work period during which work was performed by the worker beginning with the time the worker's work day commenced, and ending with the quitting time each day excluding any nonpaid lunch period.
(ii) "Work day" means any consecutive twenty-four-hour period.
(iii) "Temporary and incidental" means work performed by Washington employers on jobs or at job sites in another state for thirty or fewer consecutive or nonconsecutive full or partial work days within a calendar year. Temporary and incidental work days are calculated on a per state basis. The thirty-day temporary and incidental period begins on January 1 of each year.
(iv) "Proof of out-of-state coverage" means a copy of a valid certificate of liability insurance for workers' compensation issued by:
(A) An insurer licensed to write workers' compensation insurance coverage in that state; or
(B) A state workers' compensation fund in the state in which the employer will be working.
| Note: | Most certificates are written for a one-year period. The employer must provide the department with a current certificate of liability insurance for workers' compensation covering all periods the employer works in another state. If the policy is canceled, the employer must provide the department with a current in-force policy. |
(vi) "Employer" means any person, body of persons, corporate or otherwise, and the legal representatives of a deceased employer, all while engaged in this state in any work covered by the provisions of Title 51 RCW, by way of trade or business, or who contracts with one or more workers, the essence of which is the personal labor of such worker or workers.
(b) Does a Washington employer have to pay premiums in
both states while Washington workers are temporarily working
in another state? A Washington employer must continue to pay
Washington premiums for Washington workers performing
temporary and incidental work in another state. If the
Washington employer has Washington workers who work for more
than thirty days in another state, ((it)) that employer will
not need to pay premiums in Washington for work in the other
state during the calendar year, as long as ((it)) that
employer fulfills the following requirements:
(i) Provides the department with proof of out-of-state coverage for the Washington workers working out-of-state.
(ii) Keeps the policy continuously in force from the date the Washington employer's work exceeds the temporary and incidental period until the date the Washington employer no longer has Washington workers working in the other state. Failure to maintain a policy at the required level of workers' compensation coverage for the number of Washington workers working out-of-state may subject the Washington employer to payment of all premiums, penalties, and interest dues in the state of Washington.
(iii) For the first quarterly reporting period and all subsequent quarters during the same calendar year following the date the Washington employer's work exceeds the temporary and incidental period in the other state, the Washington employer must file a supplemental report of out-of-state work with their workers' compensation employer's quarterly report with the department. This supplemental report is available at: http://www.LNI.wa.gov/ClaimsIns/Insurance/File/ExtraTerritorial/Default.asp
(iv) Subitems (b)(i), (ii), and (iii) of this subsection must be met in each state in which the Washington employer has Washington workers working in excess of the temporary and incidental period.
| Note: | Workers' compensation coverage requirements vary widely among states. Washington employers should contact the regulatory agency in other states to determine the appropriate premium and coverage obligations in those states. |
Reminder: The temporary and incidental period applies separately to each state in which the Washington employer worked.
(d) What if a Washington employer anticipates its
out-of-state work will exceed the temporary and incidental
period, but ((it)) that does not occur? If a Washington
employer did not pay workers' compensation premium to
Washington during the temporary and incidental period, and at
the end of the calendar year Washington workers of the
Washington employer had worked fewer than thirty consecutive
or nonconsecutive days in another state, by the filing of the
fourth quarter report, the Washington employer must file
amended reports for the calendar year. The employer may be
required to pay Washington premiums, penalties, and interest. The fourth quarter report is due by January 31 of the
following year.
(e) What records must the employer keep while employing Washington workers in another state? In addition to filing the supplemental report of out-of-state work, the Washington employer is required to keep the same records that are kept for Washington workers working in Washington. The records are listed in WAC 296-17-35201 and must be provided at the time of audit to any authorized representative of the department who has requested them.
(f) What reports does a Washington employer file to avoid
paying Washington workers' compensation premiums when
employing Washington workers in another state for work that
exceeds temporary and incidental? A Washington employer must
submit the workers' compensation employer's quarterly report
and a supplemental report of out-of-state work to the
department for each state in which ((it)) that employer has
Washington workers performing work. The supplemental report
must include the following information:
(i) The Washington employer's unified business identification number (UBI).
(ii) The Washington employer's department account identification number.
(iii) The Social Security numbers for those Washington worker(s) performing work out-of-state.
(iv) The last name, first name, and middle initial of those Washington worker(s) performing work out-of-state.
(v) The gross payroll paid during the quarter for those Washington worker(s) performing work out-of-state.
(vi) The Washington workers' compensation risk classification(s) that would have applied for each Washington worker performing work out-of-state.
(vii) The total number of hours that each Washington worker performed work out-of-state during the quarter.
(viii) In addition to completing the supplemental report of out-of-state work, the Washington employer must keep a record of all contracts awarded and worked under each state. Copies of pertinent records must be made available to auditors in the event of an audit.
(g) Where do Washington workers file their workers' compensation claims if injured in the course of employment outside of Washington state? Washington workers may file their claim in the state where they were injured or in Washington state.
Washington employers must inform their Washington workers of their right to file for workers' compensation benefits in Washington or the state of injury.
The cost of these claims, if accepted by the department and assigned to the Washington employer's account, will be used in the calculations that determine the employer's experience factor and the appropriate risk classification base rate.
(h) If the Washington employer's work in another state exceeds the temporary and incidental period, may the Washington employer obtain a credit or refund for the temporary and incidental period that workers' compensation premiums were paid to Washington? Yes, but only if the Washington employer:
(i) Obtained workers' compensation insurance for all hours worked in the other state during the calendar year;
(ii) Provides proof of out-of-state coverage;
(iii) Filed the appropriate quarterly reports with the department when due; and
(iv) Otherwise complied with all statutory and regulatory requirements of Washington state.
(9) Special for-hire taxi/industry rules. All for-hire vehicles must be covered for workers' compensation insurance. The owner of the vehicle is responsible for the workers' compensation insurance premiums. Those businesses that provide only cabulance or limousine services must report actual hours worked.
(a) What is the unit of exposure for taxis? Flat rate by driver - The rate is based on four hundred eighty hours per driver each quarter.
Flat rate by vehicle - The rate is based on nine hundred sixty hours per vehicle each quarter.
Actual hours - The rate is based on actual hours worked.
(b) Can I use a flat rate for reporting some vehicles and
actual hours for reporting other vehicles? No, you must
choose to report using only one of the three methods: Flat
rate per driver, flat rate per vehicle, or actual hours
worked. Owners who choose to report by driver or by actual
hours worked must maintain verifiable records, such as lease
agreements or payroll records. ((For vehicles)) Where
verifiable records are not available or not maintained, the
owner must pay premiums on the flat rate of nine hundred sixty
hours per vehicle each quarter.
(c) What happens if premiums are not paid? If the for-hire/taxi vehicle owner does not pay premiums, the department will report nonpayment to the department of licensing. The department of licensing will suspend or revoke the for-hire vehicle certificate until the premiums are paid.
[Statutory Authority: RCW 51.04.020, 51.16.035, and 51.16.100. 11-24-022, § 296-17-35203, filed 11/30/11, effective 1/1/12. Statutory Authority: RCW 51.04.020 and 51.12.120(6). 10-21-089, § 296-17-35203, filed 10/20/10, effective 1/1/11. Statutory Authority: RCW 51.16.035, 51.16.100, 51.04.020(1). 09-16-110, § 296-17-35203, filed 8/4/09, effective 10/1/09. Statutory Authority: 2008 c 88, RCW 51.12.120, 51.16.035, and Title 51 RCW. 08-20-133, § 296-17-35203, filed 10/1/08, effective 11/1/08. Statutory Authority: RCW 51.16.035, 51.16.100, and 2007 c 324. 07-24-045, § 296-17-35203, filed 12/1/07, effective 1/1/08. Statutory Authority: RCW 51.06.035, 51.08.010, 51.04.020. 07-12-045, § 296-17-35203, filed 5/31/07, effective 7/1/07. Statutory Authority: RCW 51.16.035 and 51.16.100. 06-23-127, § 296-17-35203, filed 11/21/06, effective 1/1/07; 05-23-161, § 296-17-35203, filed 11/22/05, effective 1/1/06. Statutory Authority: RCW 51.04.020, 51.16.035, and 51.12.120. 03-23-025, § 296-17-35203, filed 11/12/03, effective 1/1/04. Statutory Authority: RCW 51.04.020, 51.16.035, 51.32.073. 02-09-093, § 296-17-35203, filed 4/17/02, effective 7/1/02. Statutory Authority: RCW 51.16.035. 01-23-059, § 296-17-35203, filed 11/20/01, effective 1/1/02; 99-18-068, § 296-17-35203, filed 8/31/99, effective 10/1/99; 98-18-042, § 296-17-35203, filed 8/28/98, effective 10/1/98.]
[Statutory Authority: RCW 51.16.035, 51.32.073, and 51.04.020(1). 11-24-057, § 296-17-920, filed 12/5/11, effective 1/5/12. Statutory Authority: RCW 51.16.035, 51.32.073, 51.18.010, and 51.04.020(1). 11-04-069, § 296-17-920, filed 1/28/11, effective 2/28/11; 09-24-086, § 296-17-920, filed 11/30/09, effective 1/1/10; 08-24-074, § 296-17-920, filed 12/1/08, effective 1/1/09; 07-24-046, § 296-17-920, filed 12/1/07, effective 1/1/08; 06-24-054, § 296-17-920, filed 12/1/06, effective 1/1/07. Statutory Authority: RCW 51.04.020, 51.16.035, and 51.32.073. 05-23-162, § 296-17-920, filed 11/22/05, effective 1/1/06; 04-24-025, § 296-17-920, filed 11/23/04, effective 1/1/05. Statutory Authority: RCW 51.04.020, 51.16.035, 51.32.073, and 51.18.010. 03-24-066, § 296-17-920, filed 12/1/03, effective 1/1/04. Statutory Authority: RCW 51.16.035, 51.32.073, 51.18.010, and 51.04.020(1). 02-24-029, § 296-17-920, filed 11/27/02, effective 1/1/03. Statutory Authority: RCW 51.04.020, 51.16.035, 51.32.073, 51.18.010. 01-23-061, § 296-17-920, filed 11/20/01, effective 1/1/02; 00-23-101, § 296-17-920, filed 11/21/00, effective 1/1/01. Statutory Authority: RCW 51.04.020, 51.16.035 and 51.32.073. 99-24-055, § 296-17-920, filed 11/29/99, effective 12/31/99; 98-24-094, § 296-17-920, filed 12/1/98, effective 1/1/99; 97-24-062, § 296-17-920, filed 12/1/97, effective 1/1/98; 96-24-063, § 296-17-920, filed 11/29/96, effective 1/1/97. Statutory Authority: RCW 51.16.035 and 51.32.073. 96-06-025, § 296-17-920, filed 2/28/96, effective 4/1/96. Statutory Authority: RCW 51.04.020. 95-23-080, § 296-17-920, filed 11/20/95, effective 1/1/96; 94-24-007, § 296-17-920, filed 11/28/94, effective 1/1/95; 93-24-114, § 296-17-920, filed 12/1/93, effective 1/1/94. Statutory Authority: RCW 51.04.020(1) and 51.16.035. 92-24-063, § 296-17-920, filed 11/30/92, effective 1/1/93; 91-24-053, § 296-17-920, filed 11/27/91, effective 1/1/92; 89-24-051 (Order 89-22), § 296-17-920, filed 12/1/89, effective 1/1/90. Statutory Authority: RCW 51.04.020 and 51.32.073. 87-04-006 (Order 86-49), § 296-17-920, filed 1/23/87. Statutory Authority: RCW 51.16.035. 86-12-041 (Order 86-18), § 296-17-920, filed 5/30/86, effective 7/1/86; 83-24-017 (Order 83-36), § 296-17-920, filed 11/30/83, effective 1/1/84; 82-24-047 (Order 82-38), § 296-17-920, filed 11/29/82, effective 1/1/83; 81-24-042 (Order 81-30), § 296-17-920, filed 11/30/81, effective 1/1/82; 80-17-016 (Order 80-23), § 296-17-920, filed 11/13/80, effective 1/1/81. Statutory Authority: RCW 51.04.030 and 51.16.035. 79-12-086 (Order 79-18), § 296-17-920, filed 11/30/79, effective 1/1/80. Statutory Authority: RCW 51.04.020(1) and 51.16.035. 78-12-043 (Order 78-23), § 296-17-920, filed 11/27/78, effective 1/1/79; Order 77-27, § 296-17-920, filed 11/30/77, effective 1/1/78; Order 77-10, § 296-17-920, filed 5/31/77; Order 76-36, § 296-17-920, filed 11/30/76; Order 75-38, § 296-17-920, filed 11/24/75, effective 1/1/76; Order 75-28, § 296-17-920, filed 8/29/75, effective 10/1/75; Order 74-40, § 296-17-920, filed 11/27/74, effective 1/1/75; Order 74-6, § 296-17-920, filed 1/23/74.]
OTS-4615.2
AMENDATORY SECTION(Amending WSR 07-01-014, filed 12/8/06,
effective 12/8/06)
WAC 296-17A-0107
Classification 0107.
0107-00 Utility line construction: Underground, N.O.C.
Applies to contractors engaged in underground utility
line or cable construction that is not covered by another
classification (N.O.C.). Work contemplated by this
classification includes the installation and maintenance of
underground television cable, power, and telephone line
including main, extension, and outside service connection
lines by utility contractors. Installation of these types of
utilities usually occurs at a depth of ((3')) three feet or
less. This classification includes digging narrow trenches,
laying pipe or conduit, laying line or cable, and filling or
backfilling trenches. In some instances automatic equipment
is used which in one operation opens the trench, lays the line
and backfills. Equipment used by contractors subject to this
classification includes backhoes, mechanical or manual trench
diggers, automatic equipment and dump trucks.
This classification excludes land or road clearing and
excavation which is to be reported separately in
classification 0101; overhead television, power, or telephone
lines including poles or towers which are to be reported
separately in classification 0509 or the applicable utility
company classification; asphalt surfacing/resurfacing which is
to be reported separately in classification 0210 or 0212;
concrete construction which is to be reported separately in
the applicable concrete construction classification(s);
((and)) construction specialty services including the
installation of guardrails, lighting standards and striping
which is to be reported separately in classification 0219; and
the installation and the hookup of electrical wiring from
where the utility company's lines end to the structure's power
meter by the contractor wiring a building.
0107-01 Pipelaying, N.O.C.
Applies to contractors engaged in underground pipelaying
or pipeline construction not covered by another classification
(N.O.C.). Work contemplated by this classification includes
the installation and maintenance of underground gas, oil or
water main construction, and other pipelines such as those
extending cross country. Installation of these types of pipes
usually occurs at a depth of approximately ((3')) three feet. This classification includes digging narrow trenches, laying
pipe, making connections, and filling or backfilling trenches.
This classification includes machinery and equipment such as
backhoes, mechanical or manual trench diggers, and dump
trucks.
This classification excludes land or road clearing and
excavation which is to be reported separately in
classification 0101; construction of sewer lines ((and)),
drainage systems, canals, ditches, or underground tanks
generally occurring at a depth greater than ((3')) three feet
which ((are)) is to be reported separately in classification
0108; asphalt surfacing/resurfacing which is to be reported
separately in classification 0210 or 0212 as applicable;
concrete construction which is to be reported separately in
the applicable concrete construction classification(s); and
construction specialty services such as the installation of
guardrails, lighting standards and striping which is to be
reported separately in classification 0219.
[07-01-014, recodified as § 296-17A-0107, filed 12/8/06, effective 12/8/06. Statutory Authority: RCW 51.16.035, 51.04.020. 00-14-052, § 296-17-50601, filed 7/1/00, effective 7/1/00. Statutory Authority: RCW 51.16.035. 98-18-042, § 296-17-50601, filed 8/28/98, effective 10/1/98. Statutory Authority: RCW 51.04.020(1) and 51.16.035. 93-12-093, § 296-17-50601, filed 5/31/93, effective 7/1/93; 89-24-051 (Order 89-22), § 296-17-50601, filed 12/1/89, effective 1/1/90. Statutory Authority: RCW 51.16.035. 85-24-032 (Order 85-33), § 296-17-50601, filed 11/27/85, effective 1/1/86; 83-24-017 (Order 83-36), § 296-17-50601, filed 11/30/83, effective 1/1/84; 80-17-016 (Order 80-23), § 296-17-50601, filed 11/13/80, effective 1/1/81. Statutory Authority: RCW 51.04.030 and 51.16.035. 79-12-086 (Order 79-18), § 296-17-50601, filed 11/30/79, effective 1/1/80.]
0217-00 Concrete flatwork - Construction and/or repair:
N.O.C.
Applies to contractors engaged in the construction and/or repair of concrete flatwork not covered by another classification (N.O.C.) such as, but not limited to, walkways, pathways, fences, and curbing. Work in this classification includes the set-up and tear down of forms, placement of reinforcing steel and wire mesh, and the pouring and finishing of concrete.
This classification excludes land clearing and excavation which is to be reported separately in classification 0101; concrete work performed on or in connection with highway, street, or roadway projects including sidewalks, curbs, gutters, median or retaining walls, sawing, drilling, or cutting operations which is to be reported separately in classification 0214; and concrete work contained within a concrete, masonry, iron or steel frame building or structure such as the foundation, floor slabs, precast or poured in place bearing floors or wall panels, columns, pillars, metal erection or any other portion of the building or structure itself which is to be reported separately in classification 0518.
0217-01 Concrete foundation and flatwork construction and
repair: Wood structural buildings
Applies to contractors engaged in the construction and/or repair of concrete foundation and flatwork for wood structural buildings not to exceed three stories in height. This classification includes the set-up and tear down of forms, placement of reinforcing steel and wire mesh, pouring, and finishing of concrete footings, stem walls, floor pads, cellar or basement floors, garage floors, swimming pools and ponds. This includes incidental concrete work such as walkways or driveways when performed by a foundation contractor.
This classification excludes land clearing and excavation
which is to be reported separately in classification 0101;
concrete work performed on or in connection with highway,
street, or roadway projects including sidewalks, curbs,
gutters, median or retaining walls, sawing, drilling, or
cutting operations as part of the roadway which is to be
reported separately in classification 0214; ((and)) concrete
landscape curbing which is included in classification 0301-08;
and concrete work contained within a concrete, masonry, iron
or steel frame building or structure such as the foundation,
floor slabs, precast or poured in place bearing floors or wall
panels, columns, pillars, metal erection or any other portion
of the building or structure itself which is to be reported
separately in classification 0518.
0217-02 Concrete sawing, drilling and cutting, N.O.C.
Applies to contractors engaged in concrete sawing,
drilling and cutting not covered by another classification
(N.O.C.), including repairs. Work contemplated by this
classification includes concrete sawing, drilling and cutting
operations in connection with wood frame and nonwood frame
buildings or structures, including flatwork, which may or may
not be part of the building structure, such as, but not
limited to, foundations, walkways, driveways, patios and
swimming pools which may or may not be part of the building or
structure. Activities include, but are not limited to, the
sawing, cutting and drilling for ventilation boxes in the
footings or stem walls, ((cut)) cutting out((s)) for windows
or door ways, ((preparation)) preparing to mount brackets for
stairways or interior bearing walls, cutting interior walls as
part of a building renovation project, ((cut)) cutting
out((s)) for electrical and switch boxes, and repairing
defective areas.
This classification excludes concrete sawing, drilling, and cutting operations performed on or in connection with highway, street, or roadway projects including sidewalks, curbs, gutters, median or retaining walls as part of roadways which are to be reported separately in classification 0214; bridge construction which is to be reported separately in classification 0201; and new dam construction which is to be reported separately in classification 0701.
[07-01-014, recodified as § 296-17A-0217, filed 12/8/06, effective 12/8/06. Statutory Authority: RCW 51.16.035. 98-18-042, § 296-17-50915, filed 8/28/98, effective 10/1/98; 96-12-039, § 296-17-50915, filed 5/31/96, effective 7/1/96.]
0219-00 Construction specialty services, N.O.C.
Applies to contractors engaged in the installation or
removal of lighting for highways, streets, ((or)) roadways
((lighting)), parking lots, and light standards. It also
applies to the installation, repair, or removal of signs,
guardrails, roadside reflectors, lane buttons or turtles, or
lane markers not covered by another classification (N.O.C.).
Usually, these activities occur as finishing touches after new
or existing roadways are paved or surfaced. Roadway lighting
includes traffic signal lights, and halogen or mercury vapor
lights mounted to metal standards erected alongside the
roadway. Signs (such as speed limit, road condition, city and
town mile destination) are mounted on overpasses or on wood or
metal poles erected alongside the roadway. Guardrails include
metal barriers mounted on wood or metal poles driven into the
roadside shoulder. Lane markers, lane buttons or turtles
consist of small reflectors, or chips of plastic or concrete
attached to the road with an adhesive bonding material. This
classification includes the related hook-up of power to the
light standard.
This classification excludes the installation of power lines that feed into power poles which is to be reported separately in the applicable construction classification for the work being performed.
Special note: This classification excludes exterior sign erection, repair, or removal not in connection with displaying highway, street, or roadway information or conditions even though such signs may be erected or placed alongside roadways (such as advertisement bill boards, business, or personal property signs) which is to be reported separately in classification 0403.
0219-01 Construction specialty services
Applies to contractors engaged in specialty services such
as the painting or striping of highways, streets, roadways, or
parking lots not covered by another classification (N.O.C.).
This classification includes painting, striping, numbering, or
lettering of highways, streets, roadways, parking lots,
parking garages, airport runways, taxi ways, curbs, roadway
dividers ((or)), median strips, and special traffic areas such
as fire, bus, handicap, and no parking zones. The paint or
other material used for these markings is usually applied to
the surface using a mechanical device, either self-propelled
or towed by a truck or other motor vehicle. In some
instances, the paint will be applied manually with brush or
roller which is included in this classification. This
classification includes the application of asphalt sealants to
roadways or parking lots. This classification also includes
concrete barrier installation, in connection with road
construction, by a concrete barrier rental business or by a
flagging contractor who also supplies the concrete barriers. This includes the flaggers who are necessary during the
installation of the barriers as well as any flaggers the
company supplies to the road construction project itself.
This classification excludes the interior painting of buildings which is to be reported separately in classification 0521, the exterior painting of buildings or structures which is to be reported separately in classification 0504; application of asphalt sealant to driveways which is to be reported separately in classification 0504-06; the rental of the concrete barriers and other flagging equipment which is to be reported separately in classification 6409; and flaggers who are not employed by a concrete barrier rental business or by a flagging contractor who also supplies the concrete barriers which are to be reported separately in classification 7116 or 7118 as appropriate.
[07-01-014, recodified as § 296-17A-0219, filed 12/8/06, effective 12/8/06. Statutory Authority: RCW 51.16.035. 99-18-068, § 296-17-50917, filed 8/31/99, effective 10/1/99; 98-18-042, § 296-17-50917, filed 8/28/98, effective 10/1/98; 96-12-039, § 296-17-50917, filed 5/31/96, effective 7/1/96.]
0301-04 Lawn type sprinkler systems: Installation, service or
repair
Applies to contractors engaged in the installation,
service or repair of lawn type sprinkler systems. This type
of activity is performed by landscaping contractors, plumbing
contractors, and irrigation specialist contractors. Generally, lawn type sprinkler systems are installed at
private residences or commercial businesses. The process
involves identifying the area of land to be covered to
determine the size and amount of pipe and sprinkler heads
needed for the job. The installation involves cutting a
trench in the ground (((12" to 18")) twelve to eighteen inches
deep and wide enough to accommodate the pipe) with a vibrating
plow or pipe pulling machine. Next, pipe is laid in the
trench, glued, or otherwise joined, heads and canisters are
installed, and the timer is hooked up. The system is checked
for leaks, needed adjustments are made, and the pipe and heads
are buried.
This classification excludes open canal type irrigation systems which are to be reported separately in classification 0108; the installation, service or repair of above or below ground agricultural/irrigation systems which is to be reported separately in classification 0301-06; and maintenance and cleaning of lawn sprinkler system pipes and heads done in connection with a landscape maintenance contract which is to be reported separately in classification 0308.
0301-06 Agricultural sprinkler/irrigation systems, N.O.C.:
Installation, service or repair
Applies to contractors engaged in the installation, service or repair of above or below ground agricultural sprinkler and irrigation systems not covered by another classification (N.O.C.). The more common types of systems include below ground, fixed or movable, and wheel or impulse. Generally, these types differ from lawn sprinkler systems in that the size of pipes and pumps installed are much larger to produce the water pressure needed to irrigate large areas of land. Installation of below ground systems involves the use of trenching equipment to dig trenches, which are usually more than two feet deep to lay pipe. The above ground systems are laid out and assembled based on the need of the land area.
This classification excludes open canal type irrigation systems which are to be reported separately in classification 0108, and the installation, service or repair of lawn type sprinkler systems which is to be reported separately in classification 0301-04.
0301-08 Landscape construction operations, N.O.C.
Applies to landscape contractors engaged in new landscape
construction or renovation projects not covered by another
classification (N.O.C.). This classification also applies to
specialist contractors engaged in the installation of
invisible fences which are usually used to confine animals
within a given area. Landscape construction work contemplated
by this classification includes producing a preliminary
drawing of the landscape or renovation project, preparing the
ground (which may include tilling and spreading top soils or
custom mix soils), installing sprinkler systems, planting
trees, plants or shrubs, planting or replanting grass from
seed or sod, installing ground cover material or plastic to
retard weeds, ((placement of)) placing concrete borders,
((and)) the incidental construction of rockery, extruded
concrete curbing, fences, ponds, paths, walkways, arbors,
trellis and gazebos when performed by employees of a landscape
contractor as part of a landscape contract. ((Such)) If these
activities are conducted separately from a landscape contract
and not part of the landscape project ((are to)), they must be
reported separately in the classification applicable to the
work being performed. Equipment used by contractors subject
to this classification includes, but is not limited to,
tractors with till attachments, small front end loaders,
trenchers, mowers, fertilizer spreaders, wheelbarrows, and
electric power tools.
Invisible fence construction work contemplated by this
classification includes identifying the land area to be
fenced, sketching a preliminary drawing, burying the wire in a
narrow trench (about ((1")) one inch wide by ((2")) two to
((6")) six inches deep) that has been dug along the field
perimeter (or just securing the wire onto the ground around
the perimeter), and connecting ((end of wire to a)) the low
voltage transmitter box (usually about the size of a hand-held
calculator) that plugs into a 110 volt electrical outlet. This classification includes training sessions for the animal
and related maintenance and repair at the customer's location.
Equipment used to install invisible fences includes, but is
not limited to, rakes or other hand tools, and small trench
diggers.
This classification excludes all grading, clearing, or contouring of land which is to be reported separately in classification 0101; bulkheads not adjacent to water, or similar structures built of rock, which are to be reported separately in classification 0302; and lawn care maintenance or chemical spraying or fumigating which is to be reported separately in classification 0308.
[07-01-014, recodified as § 296-17A-0301, filed 12/8/06, effective 12/8/06. Statutory Authority: RCW 51.16.035, 51.04.020. 00-14-052, § 296-17-510, filed 7/1/00, effective 7/1/00. Statutory Authority: RCW 51.16.035. 98-18-042, § 296-17-510, filed 8/28/98, effective 10/1/98; 96-12-039, § 296-17-510, filed 5/31/96, effective 7/1/96. Statutory Authority: RCW 51.04.020(1) and 51.16.035. 93-12-093, § 296-17-510, filed 5/31/93, effective 7/1/93. Statutory Authority: RCW 51.16.035. 85-24-032 (Order 85-33), § 296-17-510, filed 11/27/85, effective 1/1/86; 85-06-026 (Order 85-7), § 296-17-510, filed 2/28/85, effective 4/1/85; 83-24-017 (Order 83-36), § 296-17-510, filed 11/30/83, effective 1/1/84. Statutory Authority: RCW 51.04.030 and 51.16.035. 79-12-086 (Order 79-18), § 296-17-510, filed 11/30/79, effective 1/1/80; Order 76-36, § 296-17-510, filed 11/30/76; Order 73-22, § 296-17-510, filed 11/9/73, effective 1/1/74.]
0601-00 Electrical wiring in buildings; electrical wiring,
N.O.C.; Permanent flood lighting: Installation
Applies to contractors engaged in the electrical wiring
of buildings, or in electrical wiring not covered by another
classification (N.O.C.). Work contemplated by this
classification is characterized as general electrical work,
including installation, service or repair at residential and
commercial settings. This classification includes
((electrical work which generally begins at)) the
installation, service or repair of extension lines and the
hookup of electrical wiring from where the utility company's
lines end to the structure's power meter and extends to the
inside or outside of the building or its exterior setting,
including, but not limited to, the installation of the breaker
panel, fuses, plugs and snap switches, rough-in electrical
work to include the stringing of insulated or encased wiring
and mounting of plug-in or switch housing boxes, installation
of plug-in, dimmer and switch units; installation of light
fixtures, recessed canister and fluorescent lighting, track
lighting, and other interior and exterior lighting fixtures,
installation of ceiling fans, and the installation of
residential and commercial appliances such as built-in
microwaves, dishwashers, electric ovens and oven hoods. This
classification also includes the installation of permanent
flood lighting at stadiums and parks. Generally, flood
lighting fixtures are mounted onto poles, buildings, or other
structures; the erection or construction of those structures
is not included in this classification.
This classification excludes the installation of overhead or underground power lines and poles by an electric utility company which is to be reported separately in classification 1301; the installation of overhead power lines by a nonelectric utility contractor which is to be reported separately in classification 0509; and the installation of underground power lines by a nonelectric utility contractor which is to be reported separately in classification 0107.
0601-07 Electrical machinery and auxiliary apparatus:
Installation and repair
Applies to contractors engaged in the installation and repair of electrical machinery and auxiliary apparatus such as, but not limited to, heavy motors, generators, converters, transformers, compressors and power switchboard equipment. Generally, this type of work occurs at industrial or commercial plants, power plants, or sites where large machinery is to be installed. Work contemplated by this classification includes extending insulator or encased wiring or cable from the power meter, breaker or control panel to the physical location where the machinery is to be installed, and incidental wiring of the machinery or auxiliary apparatus.
0601-08 Temporary floodlights or search lights: Erection
Applies to contractors engaged in the erection or set up of temporary floodlights away from the contractor's premises. Usually, these lights are mounted on a truck or trailer, and then transported to the customer site or location where they are operated with use of a generator. Uses of temporary floodlights and searchlights include, but are not limited to, advertising grand openings or special sales at shopping malls, auto dealers, grocery and outlet stores, marking the location of special events such as carnivals or concerts, or at construction project sites.
This classification excludes the erection of permanent floodlight fixtures to poles, buildings or structures which is to be reported separately in classification 0601-00.
0601-15 Television cable: Installation service or repair in
buildings by contractor
Applies to contractors engaged in the installation, service or repair of television cable in buildings. This classification includes the installation of television cable lines in residential and commercial buildings and includes the dropping of lines from the pole to the house, mounting of cable control panel boxes to the exterior of buildings, extending cable, mounting multiple line adapter units and relay switches, and affixing the cable end for hook-up to televisions and other stereo components.
This classification excludes the installation of underground or overhead television cable lines when performed by a television cable company which is to be reported separately in classification 1305; installation of underground television cable lines when performed by a nontelevision cable company contractor which is to be reported separately in classification 0107; and installation of overhead television cable lines from pole to pole by a nontelevision cable company contractor which is to be reported separately in classification 0509.
[07-01-014, recodified as § 296-17A-0601, filed 12/8/06, effective 12/8/06. Statutory Authority: RCW 51.16.035. 98-18-042, § 296-17-522, filed 8/28/98, effective 10/1/98; 85-24-032 (Order 85-33), § 296-17-522, filed 11/27/85, effective 1/1/86; 85-06-026 (Order 85-7), § 296-17-522, filed 2/28/85, effective 4/1/85; 83-24-017 (Order 83-36), § 296-17-522, filed 11/30/83, effective 1/1/84; 82-24-047 (Order 82-38), § 296-17-522, filed 11/29/82, effective 1/1/83; Order 75-38, § 296-17-522, filed 11/24/75, effective 1/1/76; Order 74-40, § 296-17-522, filed 11/27/74, effective 1/1/75; Order 73-22, § 296-17-522, filed 11/9/73, effective 1/1/74.]
3411-00 Automobile: Dealers, rental or leasing agencies,
including service repair garages;
Recreational vehicle: Dealers, rental/leasing agencies, or service/repair garages
Applies to establishments engaged in selling, renting, or
leasing automobiles, including service/repair centers operated
by dealers. This classification also applies to
establishments engaged in selling, renting, leasing or
servicing/repairing recreational vehicles. For purposes of
this classification, the term "automobile" includes standard
sized passenger cars, ((pick up)) pickup trucks, and sport
utility vehicles. The term "recreational vehicle" includes
motor homes, travel trailers, campers, and also includes sport
and utility trailers. Work contemplated by this
classification includes, but is not limited to, all phases of
automotive mechanical service and repair work, washing,
vacuuming, and waxing vehicles, and detailing such as
striping, window tinting, vinyl repair, installing molding and
electronic accessories when performed by employees of an
employer subject to this classification. This classification
includes service managers, parts department employees who have
shop exposure, towing service for in-shop repairs, lot
personnel, and customer courtesy van or car drivers.
This classification excludes: Dealers or service/repair centers for semi-trucks, diesel tractor-trailers, buses, and other heavy equipment or machinery which are to be reported separately in classification 6409; recreational vehicle dealers who also sell factory built housing units such as modular and mobile homes who are to be reported separately in classification 3415; parts department employees who are not exposed to any hazards of the service/repair shop who may be reported separately in classification 6309; auto body shop employees or auto body specialty shops who are to be reported separately in classification 3412; dealers who sell truck canopies and related accessories, but do not sell the other vehicles/trailers included in this classification who are to be reported separately in classification 1106; establishments engaged in welding or cutting repairs and/or hydraulic installation which are to be reported separately in classification 3402; and sales employees who may be reported separately in classification 6301 provided all the conditions of the general reporting rule covering standard exception employees have been met.
Special notes: Used automobile dealers will not normally have service/repair garages or parts departments but will have lot personnel and detailers. Automobile rental and leasing agencies will normally have all the operations described above with the exception of parts department employees. New automobile dealers will routinely have all of the operations described above.
Establishments engaged in providing towing service for hire are to be reported separately in classification 1109. For purposes of this classification "towing for hire" means a towing service not performed in connection with repairs to be done by the service/repair shop.
3411-01 Automobile: Service centers, repair shops or garages
Applies to establishments engaged in servicing and
repairing automobiles for others. For purposes of this
classification, the term "automobile" includes standard sized
passenger cars, ((pick up)) pickup trucks, and sport utility
vehicles. Work contemplated by this classification includes,
but is not limited to, all phases of automotive mechanical
service when performed by employees of an employer subject to
this classification, such as engine overhauls and rebuilding,
resurfacing heads, valve grinding, transmission overhauls or
rebuilding, electrical repairs, brake service, engine tune
ups, fuel injection service, carburetor repair, and engine
diagnostic service ((when performed by employees of an
employer subject to this classification)). This
classification includes service managers, parts department
employees who have shop exposure, incidental sales of
reconditioned cars, towing service for in-shop repairs,
((and)) customer courtesy van or car drivers, roadside
assistance, and tire chain installation. Parts department
employees who are not exposed to any hazards of the repair
shop may be reported separately in classification 6309.
This classification excludes auto body shop employees who are to be reported separately in classification 3412.
Special note: While most businesses assigned to this classification have an inventory of parts which they use in the service and repair of customer vehicles, some employers have full line auto parts stores. Care needs to be taken when considering assignment of classification 6309 for auto part sales. Only those businesses that have a full line auto parts store which is physically separated from the repair shop and whose sales of auto parts are primarily for off-premises repair (do it yourself repair) should be considered for classification 6309. This classification does not apply to auto repair shops that also sell and install tires on customer vehicles. See classification 6405 for auto repair shops that also sell and install tires. Establishments engaged in providing towing service for hire are to be reported separately in classification 1109. For purposes of this classification "towing for hire" means a towing service not performed in connection with repairs to be done by the repair shop.
3411-02 Automobile: Service specialty shops
Applies to establishments engaged in providing
specialized automobile repair services such as air
conditioning systems, muffler repair, cruise controls and
electrical systems. For purposes of this classification, the
term "automobile" includes standard sized passenger cars,
((pick up)) pickup trucks, and sport utility vehicles. Work
contemplated by this classification includes, but is not
limited to, inspection of vehicle components for wear,
diagnostic analysis, and repair of various components such as
brakes and cooling systems, after-market installation of
components such as cruise control, air conditioning systems,
and sun roofs; and specialized repair services such as
mufflers and transmissions. This classification includes
service managers, part sales, towing service for in-shop
repairs, and customer courtesy van or car drivers.
Special note: Businesses assigned to this classification will generally have an inventory of supplies and parts which they use in the service and repair of customer vehicles although some sales of parts and components may occur. This classification does not apply to any shop that sells and installs tires on customer vehicles. See classification 6405 for auto repair shops that also sell and install tires. Establishment engaged in providing towing service for hire are to be reported separately in classification 1109. For purposes of this classification "towing for hire" means a towing service not performed in connection with repairs to be done by the repair shop.
[07-01-014, recodified as § 296-17A-3411, filed 12/8/06, effective 12/8/06. Statutory Authority: RCW 51.16.035, 51.04.020. 00-14-052, § 296-17-58503, filed 7/1/00, effective 7/1/00. Statutory Authority: RCW 51.16.035. 98-18-042, § 296-17-58503, filed 8/28/98, effective 10/1/98; 96-12-039, § 296-17-58503, filed 5/31/96, effective 7/1/96.]
3602-01 Electrical, telegraph or radio component, telephone
set: Manufacture, assembly, or repair
Applies to establishments engaged in the manufacture, assembly, or repair of components related to the telegraph, electrical, radio or telephone industry. Component parts may be for items such as, but not limited to, radio or television sets, hearing aids, transformers, coils, condensers, switches, antennae, phones, speaker units, dials, rheostats, plugs, arrestors, resistors, and electrical control relays, circuit breakers, or other parts necessary to accomplish radio, electrical, telegraph or telephone communication. Materials include, but are not limited to, metal, plastic, and wood used for the outside casings, and component parts. Some establishments in this classification manufacture the casings and the internal components. Other establishments in this classification assemble the ready-made parts with air and hand tools such as, but not limited to, drill presses, solder guns, or saws. Internal parts are usually assembled simply by clamping circuit boards in place, then soldering small pieces together. This classification includes engineers, research and laboratory personnel employed by establishments having operations subject to this classification. This is a shop or plant only classification. Repair work when specified is limited to work performed at the shop or plant.
This classification excludes all outside repair work which is to be reported separately in the applicable services classification; and the production of raw materials used in the manufacturing of the above articles which is to be reported separately in the classification applicable to the production process used.
3602-02 Instrument - Scientific, medical, or professional:
Manufacturing; magnetic tape: Manufacturing
Applies to establishments engaged in the manufacture of instruments used in medical, scientific, or professional applications. This classification also applies to establishments engaged in the manufacture of magnetic tapes. Instruments in this classification range widely in shape and size; they include, but are not limited to, dental or surgical instruments, microscopes or other scientific testing or research instruments, surveyors' instruments, and electrical testing instruments. Materials include, but are not limited to, metal, glass, plastic, or wood for casings, and component parts. Processes vary depending upon the product being produced, and could involve some stamping, machining, and heat-treating. However, component parts are usually manufactured by others, and establishments in this classification perform a substantial amount of hand assembling, inspecting, testing, and packaging operations. This is a shop or plant only classification. Repair work when specified is limited to work performed at the shop or plant.
This classification excludes all outside repair work which is to be reported separately in the applicable services classification, and the production of raw materials used in the manufacturing of the above articles which is to be reported separately in the classification applicable to the production process used.
3602-03 Sound recording equipment: Manufacturing
Applies to establishments engaged in the manufacture of sound recording equipment. Establishments in this classification may manufacture all or some equipment such as instruments for measuring sounds, and generators (for producing sounds), filters or modulators (for processing sounds), magnetic or tape recorders (for storing sounds), and speakers (for reproducing sounds). Materials include, but are not limited to, metal, glass, plastic, or wood for casings, clamps, glue or epoxy, and component parts. Components may be produced by the manufacturer or purchased from others and assembled. The assembly may be partially or wholly automated. Machinery includes, but is not limited to, shears, drill presses, grinders, soldering guns, welding equipment, and air or hand tools. There may be inspection areas and sound testing rooms. This is a shop or plant only classification. Repair work when specified is limited to work performed at the shop or plant.
This classification excludes all outside repair work which is to be reported separately in the applicable services classification, and the production of raw materials used in the manufacturing of the above articles which is to be reported separately in the classification applicable to the production process used.
3602-04 Thermometer and steam gauge: Manufacturing
Applies to establishments engaged in the manufacture of thermometers and/or steam gauges. The most common type of thermometer is a mercury thermometer which consists of a capillary tube that is sealed at its upper end and is enlarged into a spherical or cylindrical bulb at its lower end. This bulb is filled with mercury and mounted on a thin metal or plastic sheet. The manufacturers of steam gauges may simply assemble component parts with hand tools, test, and package them. This is a shop or plant only classification. Repair work when specified is limited to work performed at the shop or plant.
This classification excludes all outside repair work which is to be reported separately in the applicable services classification, and the production of raw materials used in the manufacturing of the above articles which is to be reported separately in the classification applicable to the production process used.
3602-05 Dental laboratories
Applies to establishments engaged in the manufacture of dentures, artificial teeth, braces, and retainers. These types of establishments are generally referred to as dental laboratories. The manufacture of these items involves precision work with castings, plastic or vinyl molding, and light wire forming. In the state of Washington dental laboratories can fit patients for dentures, in addition to making the denture which is included when performed by employees of employers subject to this classification. This is a shop only classification. Repair work when specified is limited to work performed at the shop. Shops may include kiosks in malls that make custom dental molds used in tooth whitening treatments.
This classification excludes all outside repair work which is to be reported separately in the applicable services classification, and the production of raw materials used in the manufacturing of the above articles which is to be reported separately in the classification applicable to the production process used.
3602-06 Jewelry: Manufacturing or engraving; trophy assembly
or engraving
Applies to establishments engaged in the manufacture or
engraving of jewelry, such as, but not limited to, rings,
bracelets, necklaces, earrings, watchbands, pins, ((broaches))
brooches, and cigarette lighters. Jewelry manufacturing or
engraving involves working with precious metal and/or stones.
Operations usually include polishing, buffing, drilling, and
assembly, mixing and melting alloys and metals, then pouring
the mixture into small casts. This classification also
applies to establishments engaged in assembling or engraving
trophies on a production basis. For purposes of this
classification, assembly means making trophies from
premanufactured components purchased from others. The
engraving may be done by "etching" or by computer. In the
etching method, patterns or lettering ((is)) are cut into a
metal strip that is coated with a solution resistant to
etching acids. The metal strip is treated with etching acids
that "melt away" the uncoated portion of metal, leaving an
impression of the design. Computerized engraving is done by
keying the designs or letters into the computer; the designs
are transmitted to an "arm" on the computer which "draws"
(engraves) them onto the metal plate. This is a shop or plant
only classification. Repair work when specified is limited to
work performed at the shop or plant.
This classification excludes all outside repair work which is to be reported separately in the applicable services classification; the production of raw materials used in the manufacturing of the above articles which is to be reported separately in the classification applicable to the production process used; and establishments engaged in the manufacture of watches which are to be reported separately in classification 3602-09.
Special note: This classification is for manufacturers
engaged in the mass production of jewelry items and is
distinguishable from jewelry stores reported in classification
6308 ((who)) that produce custom, one-of-a-kind pieces on a
special order basis. Trophy stores in classification 6308 may
assemble components to make custom trophies, or engrave
plaques for the trophies they sell. Assembly and engraving
that is incidental to their retail sales operation is included
in their store classification.
3602-07 Electronic parts: Assembly
Applies to establishments engaged in the assembly of electronic parts which are usually sold to other manufacturers. They may have automated/robotics assembly lines for all or part of the processes. In manual operations, small parts are soldered, chipped, riveted, or screwed into place with hand tools such as, but not limited to, soldering guns, riveters, drills, screw drivers, or water jets. This classification also applies to establishments engaged in the manufacture or assembly of computers and the manufacture of dry cell (flashlight type) batteries. This is a shop or plant only classification. Repair work when specified is limited to work performed at the shop or plant.
This classification excludes all outside repair work which is to be reported separately in the applicable services classification, and the production of raw materials used in the manufacturing of the above articles which is to be reported separately in the classification applicable to the production process used.
3602-08 Electrical/electronic ignition assembly, cord set, or
radio set: Assembly
Applies to establishments engaged in the assembly of electrical/electronic ignition assemblies, cord sets, and radio set components. An ignition assembly is a switching component that allows an electrical circuit to be completed in order to start a piece of machinery or equipment. Electrical cord sets are the portion of wiring found on appliances and tools that plug into electrical power sources. A radio set is comprised of an input circuit for tuning in to the frequencies of the various transmitters to be received, the demodulation circuit for separating the audio-frequency from the high-frequency carrier, a low-frequency amplifier stage, and the loudspeaker. The amplifier elements are transistors supplied with the necessary operating voltages. Establishments in this classification usually assemble radio component parts and circuit boards that are manufactured by others. The assembly is accomplished by soldering, clipping, riveting, and welding the parts into place. This is a shop or plant only classification. Repair work when specified is limited to work performed at the shop or plant.
This classification excludes all outside repair work which is to be reported separately in the applicable services classification, and the production of raw materials used in the manufacturing of the above articles which is to be reported separately in the classification applicable to the production process used.
3602-09 Watch: Manufacturing
Applies to establishments engaged in the manufacture of watches. The component parts are usually mass produced on an assembly line. Watch cases are usually made from sheet metal or plastic; watch faces are made from plastic or glass. The internal works are very small gears or springs and/or computer chips. The face may have hands and a dial, or may consist of a light emitting diode (LED). This classification includes the manufacture of internal works of clocks. This is a shop or plant only classification. Repair work when specified is limited to work performed at the shop or plant.
This classification excludes establishments engaged in the manufacture of jewelry which are to be reported separately in classification 3602-06; establishments engaged in the manufacture of wooden housings or casings for clocks such as grandfather and mantle types which are to be reported separately in classification 2905; all outside repair work which is to be reported separately in the applicable services classification; and the production of raw materials used in the manufacturing of the above articles which is to be reported separately in the classification applicable to the production process used.
3602-10 Camera, video camcorder, motion picture projectors:
Manufacturing, assembly, or repair
Applies to establishments engaged in the manufacture, assembly, or repair of cameras, video camcorders, and motion picture projectors. Materials include, but are not limited to, metals, plastics, glass and internal components. Machinery includes, but is not limited to, punch presses, drill presses, and soldering guns. Establishments in this classification often assemble products from internal components manufactured by others. This is a shop or plant only classification. Repair work when specified is limited to work performed at the shop or plant.
This classification excludes all outside repair work which is to be reported separately in the applicable services classification, and the production of raw materials used in the manufacturing of the above articles which is to be reported separately in the classification applicable to the production process used.
Special note: When an establishment subject to this
classification has a retail store, if all the conditions of
the general reporting rules covering the operation of a
secondary business have been met, then both classifications
6406 and 3602-10 may be assigned((, provided all the
conditions of the general reporting covering the operation of
a secondary business have been met)). Otherwise, all
operations are to be reported in the highest rated
classification of the two.
3602-11 Fishing tackle: Manufacturing or assembly
Applies to establishments engaged in the manufacture or assembly of fishing tackle. For purposes of this classification, the term fishing tackle is limited to lures, spinners, spoons, flies, plugs, sinkers, artificial bait and similar items. Work contemplated by this classification includes the receipt of supplies such as wire, hooks, spoons, swivels, beads and feathers, and other components from unrelated manufacturers and distributors, hand assembly of components into finished fishing tackle, painting spoons and plug bodies, packaging and shipping. This classification also contemplates testing of products and research and development of new products. This is a shop or plant only classification. Repair work when specified is limited to work performed at the shop or plant.
This classification excludes the manufacture of items such as, but not limited to, reels, poles, nets, tackle boxes, knives, melting pots, plastic beads, wooden or plastic plug bodies, hand tools (pliers, bench vise), molds, specialty clothing or protective gear which are to be reported separately in the classification applicable to the material and process used to produce the product; and the production of raw materials used in the manufacturing of the above articles which is to be reported separately in the classification applicable to the production process used.
Special note: Care should be taken when assigning this classification to verify that the product being manufactured is compatible with the manufacturing and assembly processes contemplated within this classification. Most fishing tackle subject to this classification is hand assembled from small component parts.
3602-12 Incandescent lamp or electric tube: Manufacturing
Applies to establishments engaged in the manufacture of electrical or gas-filled bulbs or tubes such as, but not limited to, incandescent lamps, photoflash lamps, flood lamps, fluorescent tubes, X-ray tubes, cathode-ray tubes, neon tubes or artistic style neon tube signs that are not attached to metal backings. The processes and equipment will vary somewhat depending on the type of electrical bulb, tube, or lamp being made, but the basic operation is the same. Component parts such as, but not limited to, glass bulbs, globes, or tubes, tungsten wire, metal bases, shellac, and nitrogen and argon gas are purchased from outside sources. Using flange machines, the bottom of the glass tubing is fused to the flange to produce the base that is used within the bulb or globe. Metal bases may be milled, and then coated with a sealing compound such as shellac. Mounts are assembled and inserted into the flange on stem machines. The assemblies are seared together, and then the tungsten filaments are fixed between support wires forming the stem. The bulbs or globes are flushed with nitrogen to expel any moisture before the stems are inserted into them. These units are inserted into the metal bases and cemented. Air is evacuated and argon gas is pumped into the bases, after which they are heat sealed and trimmed. Neon tube signs or displays are made by heating a thin tube of glass over a ribbon flame until the tube becomes flexible, blowing air into the tube to keep the glass from collapsing, then, while it is still hot, bending it to shape. Because the glass cools rapidly, the heating and bending is repeated until the desired shape is achieved, then the tube is filled with neon or argon gas and the ends sealed.
This classification excludes establishments engaged in the manufacture of metal fixtures equipped with electrical or gas lighting which are to be reported separately in classification 3402; all outside repair work which is to be reported separately in the applicable services classification; and the production of raw materials used in the manufacturing of the above articles which is to be reported separately in the classification applicable to the production process used.
3602-14 Musical instrument - Metal: Repair
Applies to establishments engaged in the repair of metal musical instruments which include, but are not limited to, trumpets, trombones, French horns, and tubas. The operations involve primarily hand work such as, but not limited to, brazing and soldering, as well as fitting, testing, and polishing the instruments. Tools include, but are not limited to, solder or brazing guns, lathes, drill presses, and various types of saws. This is a shop or plant only classification. Repair work when specified is limited to work performed at the shop or plant.
This classification excludes all outside repair work which is to be reported separately in the applicable services classification; the repair of wood musical instruments which is to be reported separately in classification 2906; and the production of raw materials used in the manufacturing of the above articles which is to be reported separately in the classification applicable to the production process used.
3602-23 Electronics products - Resistors, capacitors, chips
and relays, transistors: Manufacturing
Applies to establishments engaged in the manufacture of resistors, capacitors, chips, relays, and transistors which are usually tiny and delicate. Products manufactured in this classification are usually mass produced with little human intervention during the production process, which is often done in a vacuum or a nitrogen filled room. Materials include, but are not limited to, silicon, wires, and plastics. In addition to the automated equipment, hand-held tools include, but are limited to, pliers, wrenches, and soldering guns. Finished products are inspected, usually through powerful microscopes, then packaged and shipped. This is a shop or plant only classification. Repair work, when specified, is limited to work performed at the shop or plant.
This classification excludes all outside repair work which is to be reported separately in the applicable services classification, and the production of raw materials used in the manufacturing of the above articles which is to be reported separately in the classification applicable to the production process used.
3602-24 Stamped metal goods: Manufacturing
Applies to establishments engaged in the manufacture of small, stamped, metal goods such as, but not limited to, metal tags, buttons, zippers, bottle caps, fasteners, snaps, clasps, buckles, and curtain fasteners. Materials, which come in coils or strips, are run through presses. Most of the stamping is done on automatic stamping presses. Products are cut, stamped, formed, trimmed, and cleaned, then usually finished by plating or lacquering. This is a shop or plant only classification. Repair work, when specified, is limited to work performed at the shop or plant.
This classification excludes the production of raw materials used in the manufacturing of the above articles which is to be reported separately in the classification applicable to the production process used.
3602-27 Electronic circuit board, N.O.C: Assembly
Applies to establishments engaged in the assembly of electronic circuit boards not covered by another classification (N.O.C.) which are used in a wide variety of electronic and automotive products. The process usually begins by cutting boards to size with power saws, then drilling or punching holes in them with automated drills or punches. Depending upon the original materials used, the boards used for the base may be coated or dipped. Then the chips, transistors, resistors, and/or condensers are installed, usually as part of an assembly line process. Next, the circuit boards are dipped and coated with a thin metal. Finished products are inspected, tested, packaged and shipped. This is a shop or plant only classification. Repair work when specified is limited to work performed at the shop or plant.
This classification excludes all outside repair work which is to be reported separately in the applicable services classification, and the production of raw materials used in the manufacturing of the above articles which is to be reported separately in the classification applicable to the production process used.
3602-28 Stereo components: Manufacturing or assembly
Applies to establishments engaged in the manufacture or assembly of stereo components such as, but not limited to, record changers, disc or video players, receivers and amplifiers. Materials include, but are not limited to, circuit boards, resistors, drivers, baffle plates, chambers, trim/rings, and grills. Equipment includes, but is not limited to, hot glue guns, electric drills, electric screw drivers, and automated assembly or manufacturing equipment. Finished products are inspected, tested, packaged and shipped. This is a shop or plant only classification. Repair work when specified is limited to work performed at the shop or plant.
This classification excludes all outside repair work which is to be reported separately in the applicable services classification, and the production of raw materials used in the manufacturing of the above articles which is to be reported separately in the classification applicable to the production process used.
[07-01-014, recodified as § 296-17A-3602, filed 12/8/06, effective 12/8/06. Statutory Authority: RCW 51.16.035, 51.16.100. 06-12-075, § 296-17-594, filed 6/6/06, effective 1/1/07. Statutory Authority: RCW 51.04.020, 51.16.035, and 51.12.120. 03-23-025, § 296-17-594, filed 11/12/03, effective 1/1/04. Statutory Authority: RCW 51.16.035. 98-18-042, § 296-17-594, filed 8/28/98, effective 10/1/98; 96-12-039, § 296-17-594, filed 5/31/96, effective 7/1/96. Statutory Authority: RCW 51.04.020(1) and 51.16.035. 93-12-093, § 296-17-594, filed 5/31/93, effective 7/1/93. Statutory Authority: RCW 51.16.035. 88-12-050 (Order 88-06), § 296-17-594, filed 5/31/88, effective 7/1/88; 85-24-032 (Order 85-33), § 296-17-594, filed 11/27/85, effective 1/1/86; 85-06-026 (Order 85-7), § 296-17-594, filed 2/28/85, effective 4/1/85; 83-24-017 (Order 83-36), § 296-17-594, filed 11/30/83, effective 1/1/84; 82-24-047 (Order 82-38), § 296-17-594, filed 11/29/82, effective 1/1/83; 81-24-042 (Order 81-30), § 296-17-594, filed 11/30/81, effective 1/1/82; 80-17-016 (Order 80-23), § 296-17-594, filed 11/13/80, effective 1/1/81. Statutory Authority: RCW 51.04.030 and 51.16.035. 79-12-086 (Order 79-18), § 296-17-594, filed 11/30/79, effective 1/1/80; Order 75-38, § 296-17-594, filed 11/24/75, effective 1/1/76; Order 73-22, § 296-17-594, filed 11/9/73, effective 1/1/74.]
3905-00 Restaurants, N.O.C.
Applies to establishments engaged in restaurant
operations not covered by another classification (N.O.C.). These establishments are "traditional, family or full service"
restaurants that provide sit-down services, or cafeteria or
buffet style meals. This classification includes the
preparation and service of food and beverages. Establishments
in this classification may serve beer and wine including on
premises consumption of beer from microbrewery operations in
connection with the restaurant; however, they are prohibited
from selling spirits or hard liquor. Typical occupations
include, but are not limited to, hostesses, ((waiters,
waitresses)) wait staff and assistants, cooks, ((busboys,))
dishwashers, cashiers, and managerial staff. This
classification also includes the preparation of "take-out
food" that customers pick up directly from the restaurant for
consumption away from the premises and the operation of a card
room in conjunction with the restaurant.
This classification excludes establishments engaged in operating restaurants or lounges that sell spirits or hard liquor which are to be reported separately in classification 3905-07, and catering services that are not part of the restaurant operation which are to be reported separately in classification 3909.
Special note: Traditional, family or full service restaurants are establishments where wait persons bring customers a menu, take orders, and deliver prepared meals to the customer's table or where customers choose from a variety of food items from a buffet or cafeteria style service. Such establishments will generally use nondisposable eating utensils and plates to serve food as opposed to throw away paper plates and plastic eating utensils. Includes establishments where orders are placed at the counter, and the food or drink is delivered to your table. Care should be exercised when dealing with establishments that provide entertainment such as musicians, entertainers, disc jockeys or piano players who may be exempt from coverage as an independent contractor. Musicians or entertainers who are considered to be employees of a restaurant are to be reported separately in classification 6605.
3905-01 Food, drink, and candy vendors or concessionaires
Applies to street vendors and businesses engaged in
operating food, drink or candy concessions at places such as,
but not limited to, ball parks, race tracks, theaters and
exhibitions. This classification is applicable only to
concession operations which are operated ((independent))
independently from the facility or event at which the
concession service is being provided. These independent
vendors selling food items are not employees of the facility
or site where the event or exhibition is taking place. Vendors subject to this classification sell a variety of food,
snack and beverage items from booths, mobile push carts,
mobile stands, carrying boxes, or trays.
This classification excludes food and beverage operations (concession stands) operated in connection with an event or facility by employees of the event sponsor or facility operator which are to be reported separately in the classification applicable to the event or exhibition; vendors and route food services, operating in a truck or van moving from place to place throughout the day, which are to be reported separately in classification 1101; vendors of nonfood items which are to be reported separately in the applicable classification; and vending machine service companies that replenish food, snack and beverage products which are to be reported separately in classification 0606.
3905-03 Commissaries and restaurants with construction,
erection, logging or mine operations
Applies to commissary or restaurant operations conducted exclusively in connection with a construction, erection, logging or mining camp operation. This classification is limited to food preparation services provided at a camp site or at a mess hall used to feed employees of the construction, logging, erection, or mining company. The foods prepared and served are not intended for, or offered to, the general public.
Special note: The purpose of this classification is to provide employees engaged in the food preparation activity with a classification representative of the work being performed, even though such activities may be occurring at or adjacent to the construction, logging, erection or mining site as provided for in the general reporting rule covering general inclusions.
3905-04 Eating establishments, N.O.C. such as public lunch
counters in stores
Applies to establishments not covered by another classification (N.O.C.) engaged in operating lunch counters and restaurants within a retail store location. Use of this classification is limited to employees of an employer who also operates the retail store where the food service is located.
3905-06 Taverns
Applies to establishments engaged in the operation of a
tavern. A tavern is primarily engaged in the sale of beer,
wine, and alcoholic beverages for on-premises consumption, and
may also provide a variety of foods ranging from peanuts and
pretzels to hot food dishes. Typical occupations include, but
are not limited to, bartenders, ((waiters, waitresses)) wait
staff and assistants, cooks, ((busboys,)) dishwashers, and
managerial staff. Beer may also be sold by the keg with the
rental of necessary taps and pumps. This classification
includes the operation of a "beer garden" at special events
such as, but not limited to, fairs or race meets, and the
operation of a card room in connection with the tavern.
Special note: Care should be exercised when dealing with
establishments that provide entertainment such as musicians,
entertainers, disc jockeys or piano players who may be exempt
from coverage as an independent contractor. Musicians or
entertainers who are considered to be employees of a tavern
((are to)) must be reported separately in classification 6605.
3905-07 Restaurants serving spirits or hard liquor
Applies to establishments engaged in the operation of a
restaurant having a license to sell spirits or hard liquor,
beer and wine in connection with their food preparation and
service. This classification includes the preparation and
service of food and beverages at sit down restaurants and
lounges including on premises consumption of beer from
microbrewery operations in connection with the restaurant. Such establishments have extensive cooking facilities and
equipment to prepare full meals. Typical occupations covered
by this classification include, but are not limited to,
bartenders, hostesses, ((waiters, waitresses)) wait staff and
assistants, valet parking attendants, cooks, busboys,
dishwashers, cashiers, and managerial staff. This
classification also includes the preparation of "take-out
food" that customers pick up directly from the restaurant for
consumption away from the premises and the operation of a card
room in connection with the restaurant.
This classification excludes establishments engaged as a restaurant without a license to sell spirits or hard liquor which are to be reported separately in classification 3905-00; taverns which are to be reported separately in classification 3905-06; catering services which are not part of a restaurant operation which are to be reported separately in classification 3909; musicians who are to be reported separately in classification 6605; and entertainers such as dancers who are to be reported separately in classification 6620.
Special note: Care should be exercised when dealing with
establishments that provide entertainment such as musicians,
entertainers, disc jockeys or piano players who may be exempt
from coverage as ((an)) independent contractors. Musicians or
entertainers who are considered to be employees of a
restaurant ((are to)) must be reported separately in
classification 6605.
3905-08 Pizza parlors
Applies to establishments engaged in operating a pizza
parlor or restaurant. Establishments subject to this
classification specialize in the preparation and sales of
pizza (but may also provide other foods) and beverages such as
wine, beer, alcoholic beverages, or soft drinks for
on-premises consumption. Typical occupations include, but are
not limited to, hostesses, ((waiters, waitresses)) wait staff
and assistants, cooks, ((busboys,)) dishwasher, cashiers, and
managerial staff. This classification also includes
establishments that deliver pizza to customers, or where
customers can pick up already prepared pizza at the shop, but
where no customer seating is provided.
This classification excludes U-bake pizza operations which are to be reported separately in classification 6403.
Special note: Care should be exercised when dealing with
establishments that provide entertainment such as musicians,
entertainers, disc jockeys or piano players who may be exempt
from coverage as ((an)) independent contractors. Musicians or
entertainers who are considered to be employees of a pizza
parlor ((are to)) must be reported separately in
classification 6605.
3905-09 Fast food drive-ins, N.O.C.
Applies to establishments engaged in the operation of fast food drive-ins or restaurants. These establishments serve easily prepared foods quickly and nonalcoholic beverages which can be eaten on the premises or picked up by customers at a counter or a drive through window. Fast food establishments offer a variety of menu items such as, but not limited to, hamburgers, french fries, tacos, sandwiches, fried chicken, hot dogs, fish and chips. Such establishments will generally use disposable eating utensils and throw away plates.
This classification excludes street vendors and/or route food services which are to be reported separately in classification 1101 and full service restaurants which are to be reported separately in classification 3905-00.
3905-11 Soft drink lounges
Applies to establishments engaged in operating soft drink
lounges. These types of establishments may provide
entertainment such as dancing for an adult audience or a place
where youth((s)) under ((the)) age ((of)) 21 can dance or
listen to music. These lounges do not sell alcoholic
beverages. This classification includes the preparation and
service of light snacks and hors d'oeuvres, such as chips,
peanuts, pretzels or finger sandwiches.
This classification excludes entertainers such as exotic dancers who are to be reported separately in classification 6620; and musicians who are to be reported separately in classification 6605.
Special note: Care should be exercised when dealing with
establishments that provide entertainment such as musicians,
entertainers, disc jockeys or piano players who may be exempt
from coverage as ((an)) independent contractors. Musicians or
entertainers who are considered to be employees of a lounge
((are to)) must be reported separately in classification 6605
or 6620 as applicable.
3905-12 Ice cream parlors
Applies to establishments engaged in the operation of an ice cream parlor or frozen yogurt shop. These specialty shops offer a limited menu, usually confined to ice cream and frozen yogurt offered in individual servings, various size containers, and specialty items. Special occasion ice cream cakes may be ordered and picked up at a later date by the customer. These establishments usually provide customer seating.
This classification excludes vendors and/or route food
services, operating in a truck or van moving from place to
place throughout the day, which are to be reported separately
in classification 1101((,)); and vendors selling ice cream
from a booth, push cart, mobile stand or tray which are to be
reported separately in classification 3905-01.
3905-13 Candy, nut, and popcorn retail stores with on-premises
manufacturing
Applies to establishments engaged in operating candy, nut or popcorn stores where some or all the products sold are manufactured on the premises. Establishments in this classification may sell a variety of candies, nuts, or popcorn, or may specialize in one or two products. They may also sell their products in gift wrapped packages.
This classification excludes establishments engaged in
selling candy, nuts, or popcorn, that do not manufacture any
product on the premises, which are to be reported separately
in classification 6406((,)); and establishments primarily
engaged in the wholesale manufacturing of candy which is to be
reported separately in classification 3906.
3905-14 Espresso/coffee stands and carts
Applies to vendors operating espresso or coffee stands or carts. Products sold include, but are not limited to, coffee, espresso, lattes, Italian sodas, soft drinks, pastries and prepackaged items. These types of vendors do not prepare food. This classification is distinguishable from retail coffee, tea or spice stores in that coffee stands or carts in classification 3905 sell only ready-to-serve products; they do not sell packaged coffee, tea or spice items.
This classification excludes street vendors and/or route food services which are to be reported separately in classification 1101.
[07-01-014, recodified as § 296-17A-3905, filed 12/8/06, effective 12/8/06. Statutory Authority: RCW 51.16.035, 51.16.100. 06-12-075, § 296-17-618, filed 6/6/06, effective 7/7/06. Statutory Authority: RCW 51.04.020, 51.16.035, and 51.12.120. 03-23-025, § 296-17-618, filed 11/12/03, effective 1/1/04. Statutory Authority: RCW 51.16.035, 51.04.020. 00-14-052, § 296-17-618, filed 7/1/00, effective 7/1/00. Statutory Authority: RCW 51.16.035. 98-18-042, § 296-17-618, filed 8/28/98, effective 10/1/98. Statutory Authority: RCW 51.04.020(1) and 51.16.035. 93-12-093, § 296-17-618, filed 5/31/93, effective 7/1/93. Statutory Authority: RCW 51.16.035. 85-24-032 (Order 85-33), § 296-17-618, filed 11/27/85, effective 1/1/86; 85-06-026 (Order 85-7), § 296-17-618, filed 2/28/85, effective 4/1/85; 83-24-017 (Order 83-36), § 296-17-618, filed 11/30/83, effective 1/1/84; 82-24-047 (Order 82-38), § 296-17-618, filed 11/29/82, effective 1/1/83; Order 75-38, § 296-17-618, filed 11/24/75, effective 1/1/76; Order 74-40, § 296-17-618, filed 11/27/74, effective 1/1/75; Order 73-22, § 296-17-618, filed 11/9/73, effective 1/1/74.]
OTS-4616.3
AMENDATORY SECTION(Amending WSR 07-01-014, filed 12/8/06,
effective 12/8/06)
WAC 296-17A-0302
Classification 0302.
0302-01 Brick, block, ((rock)) and ((slate)) stone masonry
work, N.O.C.
Applies to contractors engaged in interior or exterior
work in brick, block, ((rock and slate work)) stone, brick or
stone veneer, granite, marble, slate, or quartz, not covered
by another classification (N.O.C.). ((Included)) Applications
in this classification ((are projects related to sidewalks,
walkways, driveways, patios, steps, pads for wood stoves,
flower or planting boxes, fences, inlay for fireplaces,
countertops, buffets, full or partial interior or exterior
walls, and includes the construction of entire buildings or
structures with brick, block or rock products.)) also include,
but are not limited to, concrete block, glass block, pavers,
and slab or engineered stone products. Projects in this
classification include, but are not limited to:
Decorative additions to buildings and landscapes;
Hardscape installations such as, but not limited to:
Driveways;
Fences;
Patios;
Steps;
Walkways;
Walls;
Installation of slab stone or concrete countertops;
Construction of entire buildings or structures with brick, block or stone products;
Setting tombstones.
Work contemplated by this classification includes, but
is not limited to((,)):
Cutting;
Laying ((and cutting and/)) or installing;
Polishing ((brick, block, rock, slate, marble, granite,
and));
Dry setting or adhering with mortar ((or));
Tuck pointing (filling and/or finishing brickwork or stonework joints with cement or mortar).
This classification excludes:
Tile setting and countertop installations as described in classification 0502;
Plastering, stuccoing or lathing work which is to be
reported separately in classification 0303; ((tile setting
which is to be reported separately in classification 0502;
and))
Incidental construction of rockery, paths, and walkways when performed by employees of a landscape contractor as part of a landscape project, which is to be reported in classification 0301;
Mechanically placed block or prefab panels next to a roadway for noise barrier, median or retaining walls, which is to be reported in classification 0219;
Concrete flat work which is to be reported separately in the classification applicable to the work being performed; and
Masonry work as described in classification 0302-02.
Special notes: Contractors who operate a shop to cut,
mill and polish stone products are to be assigned
classification 3104-53 for the shop work; contractors
operating a shop to make finished concrete products are to be
assigned classification 3509 for the shop work. When a
business is assigned classification 3104 or 3509 for the shop
operation, then classification 5206 "Permanent yard or shop"
may no longer be applicable to the business.
Contractors often have a showroom to display examples of their work and products which they install. If all the conditions of the general reporting rules covering standard exception employees have been met, then employees engaged exclusively in showing the display area or showrooms to customers are to be assigned classification 6303.
0302-02 Masonry((, N.O.C.))
Applies to contractors engaged in interior or exterior
masonry work ((not covered by another classification (N.O.C.),
including chimney and fireplace construction. This
classification includes)) including, but not limited to, the
construction, lining or relining of:
Fireplaces ((walls or boxes,));
Chimneys((,));
Blast furnaces((,));
Fire pits;
Ovens((, firepits, and setting tombstones)).
Work contemplated by this classification includes((, but
is not limited to, laying and cutting brick or stone, and)):
Cutting and laying brick, block or stone;
Tuck pointing (filling and/or finishing brickwork or stonework joints with cement or mortar).
This classification excludes:
Plastering, stuccoing or lathing work which is to be reported separately in classification 0303;
Tile setting ((which is to be reported separately)) as
described in classification 0502; ((and))
Concrete work which is to be reported separately in the classification applicable to the work being performed; and
All other masonry work which is to be reported in classification 0302-01.
[07-01-014, recodified as § 296-17A-0302, filed 12/8/06, effective 12/8/06. Statutory Authority: RCW 51.16.035. 98-18-042, § 296-17-511, filed 8/28/98, effective 10/1/98; 96-12-039, § 296-17-511, filed 5/31/96, effective 7/1/96; 85-24-032 (Order 85-33), § 296-17-511, filed 11/27/85, effective 1/1/86; 85-06-026 (Order 85-7), § 296-17-511, filed 2/28/85, effective 4/1/85; 83-24-017 (Order 83-36), § 296-17-511, filed 11/30/83, effective 1/1/84; 82-24-047 (Order 82-38), § 296-17-511, filed 11/29/82, effective 1/1/83; Order 75-38, § 296-17-511, filed 11/24/75, effective 1/1/76; Order 74-40, § 296-17-511, filed 11/27/74, effective 1/1/75; Order 73-22, § 296-17-511, filed 11/9/73, effective 1/1/74.]
0502-04 ((Carpet, vinyl, tile and other)) Floor coverings or
((counter top covering)) countertops: Installation or removal
Applies to contractors engaged in the installation or
removal of floor coverings or ((counter top coverings such
as,)) countertops.
Floor coverings include, but are not limited to, ((wall
to wall)) carpet, vinyl, laminate, tile, ((or artificial turf
in residential or commercial settings.)) terrazzo, or parquet;
Countertops include, but are not limited to, laminate, tile, and solid surface (synthetic).
Tile is various sizes and shapes, usually from 1" x 1" up to 24" x 24" and packaged in a box. Tile installation in this classification includes, but is not limited to:
Ceramic, glass, or clay tiles;
Stone in tile-size dimensions, often used for interior installations in floors, showers, countertops, and backsplashes such as:
Granite;
Marble;
Slate.
Work contemplated by this classification includes((,
but is not limited to,)) the installation and/or removal of
((foam or rubber)):
Countertops;
Flooring;
Padding((, floor coverings such as rugs or carpet,));
Tack ((strips,)) or door strips((,));
Subflooring (((particle board or plywood), linoleum,
vinyl,));
Base boards ((or door strips, and hauling existing
floor covering debris away. This classification also includes
the installation of clay or ceramic tiles on counter tops and
backsplashes));
Artificial turf when used for areas such as patios, and laid similarly to carpet.
This classification excludes contractors engaged in:
The installation of stone countertops as described in classification 0302;
The installation of ((counter tops as part of an
interior finish carpentry or cabinetry contract)) hardwood
countertops or flooring which is to be reported separately in
classification 0513; ((the installation of hardwood floors
which is to be reported separately in classification 0513;))
The installation of countertops as described in this classification when the installation is part of an interior finish carpentry or cabinetry contract, which is to be reported in classification 0513;
The installation of brick((, slate, marble or granite
which is to be reported separately in classification 0302)),
block and slab stone as described in classification 0302;
The installation of roofing tiles which is to be reported separately in classification 0507;
The installation of artificial field turf in landscaping projects or athletic fields which is to be reported in classification 0301; and
Floor covering stores which are to be reported separately in the applicable classification.
Special note: Contractors often have a showroom to display examples of their work and products which they install. If all the conditions of the general reporting rules covering standard exception employees have been met, employees engaged exclusively in showing the display areas or showrooms to customers are to be assigned classification 6303.
0502-99 ((Carpet, vinyl, tile and other)) Floor coverings or
((counter top covering)) countertops: Installation or removal
Applies to floor covering contractors who consider themselves to be independent contractors, have no employees, and have not elected owner coverage for themselves.
The purpose of assigning this classification is to allow the independent contractor the opportunity to be checked for "account in good standing" status for prime contractor liability.
Special note: Any contractor who hires employees or elects owner coverage is required to report in the applicable construction classification.
[Statutory Authority: RCW 51.16.035, 51.16.100, 51.04.020(1). 10-18-024, § 296-17A-0502, filed 8/24/10, effective 10/1/10. 07-01-014, recodified as § 296-17A-0502, filed 12/8/06, effective 12/8/06. Statutory Authority: RCW 51.16.035, 51.16.100. 06-12-075, § 296-17-517, filed 6/6/06, effective 7/7/06; 05-23-161, § 296-17-517, filed 11/22/05, effective 1/1/06. Statutory Authority: 2004 c 243, RCW 51.04.020 and 51.16.035. 04-20-023, § 296-17-517, filed 9/28/04, effective 11/1/04. Statutory Authority: RCW 51.16.035. 98-18-042, § 296-17-517, filed 8/28/98, effective 10/1/98; 96-12-039, § 296-17-517, filed 5/31/96, effective 7/1/96; 87-24-060 (Order 87-26), § 296-17-517, filed 12/1/87, effective 1/1/88; 85-24-032 (Order 85-33), § 296-17-517, filed 11/27/85, effective 1/1/86; 83-24-017 (Order 83-36), § 296-17-517, filed 11/30/83, effective 1/1/84; Order 75-38, § 296-17-517, filed 11/24/75, effective 1/1/76; Order 73-22, § 296-17-517, filed 11/9/73, effective 1/1/74.]
0513-00 Interior finish carpentry
Applies to contractors engaged in interior finish
carpentry work for all types of buildings. Generally, the
interior finish carpentry work begins after the drywall,
taping, texturing, and painting ((and/))or wallpapering is
complete. This classification includes a variety of interior
finish or trim carpentry work ((to include)) including, but
not ((be)) limited to, ((the)) installation of ((wood paneling
and wainscoting, wood fireplace mantels, stair railings, posts
and banisters, interior doors and door frames, wood molding on
windows, baseboards, interior fixtures such as towel bars and
tissue holders, closet organizers, installation and/or
finishing of hardwood flooring, and cabinets such as kitchen,
medicine, laundry and storage. Contractors who operate a wood
cabinet manufacturing or assembly shop away from the
construction site, are to be assigned classification 2907 for
the shop manufacturing work. When a contractor's business is
assigned classification 2907 for the shop operation, then
classification 5206, "Permanent yard or shop," is no longer
applicable to the contractor's business for the storage of
materials or repair of equipment.)):
Cabinets such as kitchen, medicine, laundry and storage;
Closet organizers;
Filing systems;
Hardwood counters and flooring;
Interior doors and door frames;
Interior fixtures such as towel bars and tissue holders;
Stair railings, posts and banisters;
Wood fireplace mantels;
Wood paneling, wainscoting, and molding.
Included in this classification ((includes)) is the
installation of ((counter tops)) countertops as described in
classification 0502, when part of a contract which includes
the installation of cabinets or other interior finish or
carpentry work. ((Contractors engaged exclusively in the
installation of counter tops or as part of a floor covering
contract are to be reported separately in classification
0502.)) Also included is the finishing and/or refinishing of
hardwood floors.
Excluded from this classification ((excludes all)) are
the following types of work which are to be reported in the
applicable classification:
Countertop installation as described in classification 0502 and not as part of a cabinet installation contract;
Countertop installation as described in classification 0302;
Carpentry work on the exterior of a building((, or
interior work such as framing interior walls, installing
wallboard, taping and texturing walls,));
Concrete;
Electrical;
Framing interior walls;
Garage or exterior door installation;
Glazing;
Insulation;
Masonry;
Painting;
Plastering((, painting, masonry, glazing, insulation,
installing overhead garage or exterior doors, concrete,
electrical and plumbing work which is to be reported
separately in the applicable classification.
Special note: This classification includes the installation of cabinet display areas or showrooms which provide prospective customers an opportunity to inspect the quality of workmanship and products carried by the contractor.));
Plumbing;
Taping and texturing;
Wallboard.
Special notes: Generally, displays or showrooms are
((installed)) maintained where the contractors store their
materials. It is common for contractors subject to this
classification to sell some interior finish-related products,
but the intent of these areas is not to sell products to
walk-in customers. This classification includes the
installation of cabinet display areas or showrooms which
provide prospective customers an opportunity to inspect the
quality of workmanship and products carried by the contractor.
Sale of these products by an interior finish contractor is
included in classification 0513. Classifications 2009, 6309,
or similar store classifications, are not to be assigned to a
contracting business. If all the conditions of the general
reporting rule covering standard exception employees have been
met, employees engaged exclusively in showing the display
areas or showrooms to customers are to be assigned
classification 6303 ((provided all the conditions of the
general reporting rule covering standard exception employees
have been met)).
Contractors who operate a wood cabinet manufacturing or assembly shop away from the construction site are to be assigned classification 2907 for the shop manufacturing work. When a contractor's business is assigned classification 2907 for the shop operation, then classification 5206, "Permanent yard or shop" may no longer be applicable to the contractor's business.
[07-01-014, recodified as § 296-17A-0513, filed 12/8/06, effective 12/8/06. Statutory Authority: RCW 51.16.035. 98-18-042, § 296-17-52105, filed 8/28/98, effective 10/1/98; 87-12-032 (Order 87-12), § 296-17-52105, filed 5/29/87, effective 7/1/87.]
2102-00 Warehouses - General merchandise
Applies to establishments operating as warehouses for
general merchandise. This merchandise belongs to a customer
and is usually stored for long periods of time. Products
typically involved are bulk, nonperishable materials which
might include, but not be limited to((, rice, coffee,)):
Coffee;
Dry cement;
Potatoes((, or dry cement));
Rice.
Work contemplated by this classification includes, but is
not limited to((, unloading deliveries, moving merchandise
within the facility, recordkeeping, security, and maintaining
the facility)):
Maintaining the facility;
Moving merchandise within the facility;
Recordkeeping;
Routine maintenance;
Security.
Equipment and machinery used includes:
Cleaning and recordkeeping supplies;
Forklifts;
Pallet jacks((, forklifts, routine maintenance,
cleaning and recordkeeping supplies, and));
Shop vehicles.
This classification excludes:
Delivery drivers who are to be reported separately in classification 1102;
Wholesale dealers who operate a warehouse for storage of their own product which is to be reported separately in the classification applicable to the product being sold;
Warehousing of household furnishings by a moving and storage company which is to be reported separately in classification 6907;
Cold storage plants which are to be reported separately in classification 4401;
Ministorage warehousing which is to be reported separately in classification 4910;
Field bonded warehouses which are to be reported
separately in classification 2008; ((and the))
Warehousing of a manufacturer's own product which is to be reported separately in the manufacturing classification applicable to the work being performed.
Special note: Even though this type of operation may handle some "grocery" products, it differs from 2102-11 in that the products being handled in 2102-00 are in bulk packaging (not cases of consumer-size packages), do not belong to the business that is warehousing them, and are not intended for sale to a wholesaler/retailer.
2102-04 Recycle, collection and receiving stations; rags,
bottles, paper and metal container dealers, N.O.C.
Applies to establishments engaged in the collection of
used paper, aluminum, tin, glass, and plastic for the purpose
of selling the material to another business that will
recycle/remanufacture it into new products. These facilities
normally acquire material by placing collection bins at
various remote locations, operating a drop-off center (this
phase of the business is known in the trade as a "buy back
center"). This classification includes dealers of rags,
bottles, paper and metal containers not covered by another
classification (N.O.C.). Work contemplated by this
classification includes, but is not limited to((,)):
Sorting material((,));
Operating various pieces of equipment used to crush,
reduce, wash, and bale material((,));
Weighing containers((,));
Paying customers for receipt of items that have a
redemption value by the pound or piece ("buying back")((,
and));
Operating shop or yard vehicles.
Machinery and equipment includes, but is not limited
to((, shredders,)):
Balers((,));
Can crushers((, weigh scales, forklifts, collection
bins, shop or yard vehicles, and));
Collection bins;
Forklifts;
Shredders;
Rolloff trucks to handle the collection bins;
Shop or yard vehicles;
Weigh scales. ((This classification includes dealers
of rags, bottles, paper and metal containers not covered by
another classification (N.O.C.).))
This classification excludes:
All trucking outside of the yard which is to be
reported separately in classification 1102 ((and));
Establishments engaged in collecting, sorting and
reducing scrap metal such as junk dealers, scrap metal dealers
or processors, which also receive((s)) glass, paper, plastic,
etc., which are to be reported separately in classification
0604; and
Establishments engaged in collecting used computer equipment for recycling which may be reported in classification 4107.
Special note: Classification 2102-04 should not be
assigned to an employer who also operates a business subject
to classification 4305-18 (Garbage, refuse or ashes
collecting) without careful review and an on-site survey.
Most garbage collecting businesses have some type of "recycle"
program as part of their normal operations in an effort to
sort and reduce the amount of waste that goes to landfills and
this is considered an inclusion.
2102-11 Grocery, fruit or produce distributors - Wholesale or combined wholesale and retail
Applies to establishments engaged in the wholesale, or
wholesale/retail, distribution of a variety of grocery items,
fruit and produce. A business in this classification buys
products from the manufacturer and sells to retail grocery
stores, restaurants, and similar businesses. Grocery items
may include, but not be limited to((, packaged foods,)):
Beverages;
Dairy products;
Frozen foods((,));
Household cleaning supplies((,));
Packaged foods;
Paper products((,));
Personal care items((, beer, soda, and dairy
products)). Work contemplated by this classification
includes, but is not limited to((, unloading deliveries,)):
Breakdown of merchandise into smaller lots;
Incidental repackaging;
Maintaining the facility;
Moving merchandise within the facility((, incidental
repackaging, breakdown of merchandise into smaller lots,));
Recordkeeping((,));
Security((, and maintaining the facility));
Unloading deliveries.
Equipment and machinery includes, but is not limited
to((,)):
Forklifts;
Pallet jacks((, forklifts,));
Strapping and shrink wrapping equipment((, and));
Vehicles.
This classification excludes:
Delivery drivers who are to be reported separately in classification 1101;
Any general merchandise warehouse operations in which the operator of the warehouse does not own the merchandise being handled and it is in bulk quantities, which is to be reported separately in classification 2102-00;
Cold storage plants handling food products which are to be reported separately in classification 4401;
Operations specializing in vegetable/fruit packing for wholesale distribution which are to be reported separately in classification 2104;
Operations specializing in wholesale distribution of
beer, wine, ale or soft drinks which ((is)) are to be reported
separately in classification 2105;
Field bonded warehouses which are to be reported separately in classification 2008; and
The warehousing of a manufacturer's own product which is to be reported separately in the manufacturing classification applicable to the work being performed.
2102-28 Wool or cotton merchants
Applies to establishments operating as wool or cotton
merchants. Merchants subject to this classification buy raw
wool or cotton from others, do incidental sorting, grading and
repackaging, and sell the product to another business for use
as a raw material to make products such as yarn, thread or
fabric. Work contemplated by this classification includes,
but is not limited to((, unloading deliveries,)):
Hand sorting the product by grade (quality);
Maintaining the facility;
Moving merchandise within the facility((, hand sorting
the product by grade (quality),));
Repackaging((,));
Recordkeeping((,));
Security((, and maintaining the facility));
Unloading deliveries.
Equipment and machinery includes, but is not limited
to((,)):
Forklifts;
Pallet jacks((, forklifts,));
Repackaging equipment ((and));
Vehicles.
This classification excludes:
Drivers who are to be reported separately in classification 1102;
Wholesale dealers of a finished wool or cotton product which are to be reported separately in the classification applicable to the product; and
The warehousing of a manufacturer's own product which is to be reported separately in the manufacturing classification applicable to the work being performed.
[Statutory Authority: RCW 51.16.035, 51.16.100, 2008 c 70, and Title 51 RCW. 08-15-132, § 296-17A-2102, filed 7/22/08, effective 10/1/08. 07-01-014, recodified as § 296-17A-2102, filed 12/8/06, effective 12/8/06. Statutory Authority: RCW 51.16.035. 98-18-042, § 296-17-563, filed 8/28/98, effective 10/1/98; 96-12-039, § 296-17-563, filed 5/31/96, effective 7/1/96; 88-12-050 (Order 88-06), § 296-17-563, filed 5/31/88, effective 7/1/88; 85-24-032 (Order 85-33), § 296-17-563, filed 11/27/85, effective 1/1/86; 85-06-026 (Order 85-7), § 296-17-563, filed 2/28/85, effective 4/1/85; 83-24-017 (Order 83-36), § 296-17-563, filed 11/30/83, effective 1/1/84; 81-24-042 (Order 81-30), § 296-17-563, filed 11/30/81, effective 1/1/82; 80-17-016 (Order 80-23), § 296-17-563, filed 11/13/80, effective 1/1/81; Order 77-27, § 296-17-563, filed 11/30/77, effective 1/1/78; Order 75-38, § 296-17-563, filed 11/24/75, effective 1/1/76; Order 74-40, § 296-17-563, filed 11/27/74, effective 1/1/75; Order 73-22, § 296-17-563, filed 11/9/73, effective 1/1/74.]
2907-00 Wood cabinet, countertop, and fixture: Manufacturing,
modifying or assembly
Applies to establishments engaged in the manufacture,
modification, or assembly of wood cabinets, countertops, and
fixtures. Cabinetry work contemplated by this classification
includes, but is not limited to((,)):
Manufacturing custom or modular cabinets((,));
Assembling prefabricated modular cabinet
components((,));
Refacing existing cabinets and replacing hardware((,
and));
Modifying the dimension or design of modular cabinets. ((Manufacturing countertops includes)) This
classification includes these duties when performed in the
shop by employees of employers subject to this classification:
Fabricating the core or sub top ((in addition to));
Laying the plastic laminate, polyester overlay or tile
((when performed in the shop by employees of employers subject
to this classification. Finishing that is subcontracted out
to a prefinishing contractor or performed by the general or
specialty construction contractor at the job site is to be
reported in the classification applicable to the work being
performed. Finish work, including staining, lamination, and
the attachment of hardware, is included in classification
2907-00 when performed by employees of an employer subject to
this classification));
Finish work, including staining, lamination, and the attachment of hardware.
Fixture manufacturing includes built-in items in stores,
offices, restaurants, banks and ((residential fixtures))
residences, such as, but not limited to((, showcases,)):
Bookshelves;
Cashier cubicles;
Check-out counters;
China hutches;
Closet organizers;
Credenzas;
Curio cabinets;
Display cases((,)) and pedestals;
End aisles((, display pedestals, shelving,));
Entertainment centers;
Partitions((, racks, closet organizers, bookshelves,
work stations, credenzas,));
Podiums((,));
Shelving;
Showcases;
Wall units((, china hutches, entertainment centers,
cashier cubicles, check-out counters, and curio cabinets));
Work stations.
The wiring of fixtures for electrical fittings, and the
cutting and fitting of plastic laminates, glass, mirrors, or
metal trim, when performed in the shop, is included as an
integral function of the manufacturing process encompassed
within this classification. Raw materials include, but are
not limited to((,)):
Carpet;
Dimensional lumber((, plywood, veneer, particleboard,
plastic laminates,));
Electrical hardware;
Glue;
Hardware;
Lacquer;
Metal trim;
Mirrors;
Paint;
Particle board;
Plastic laminate;
Plywood;
Polyester overlays((,));
Sheet rock((,));
Slot wall dowels((, hardware, mirrors, metal trim,
electrical hardware, carpet, upholstery fabric, stain, paint,
lacquer or glue));
Stain;
Upholstery fabric;
Veneer.
Machinery includes, but is not limited to((, table,
panel, radial arm, cut-off, chop, rip, band, and miter saws,
wide belt sanders, edge sanders, hand finish jointers,
mortises, tenoners,)):
Air compressors;
Boring machines;
Dowel machines;
Drill presses((,));
Dust collectors;
Edge banders;
Face framing machines;
Forklifts;
Glue spreaders;
Hand drills((, boring machines, edge banders, dowel
machines, glue spreaders, face framing machines,));
Hand finish jointers;
Mortises;
Pallet jacks;
Pneumatic nail, screw and staple guns((, air
compressors,));
Sanders that are wide belt or edge;
Saws that are table, panel, radial arm, cut-off, chop, rip, band, or miter;
Spray guns((, forklifts, pallet jackets, and dust
collectors));
Tenoners.
This is a shop or plant only classification; it includes work being performed in an adjacent yard when operated by an employer having operations subject to this classification. Lumber yards, building material dealers, or general construction contractors that maintain a separate woodworking shop for manufacturing, assembling cabinets, and fixtures are subject to this classification for the woodworking operations, in addition to any other basic classification applicable to their business.
This classification excludes:
Finishing that is subcontracted out to a prefinishing contractor or performed by the general or specialty construction contractor at the job site, which is to be reported in the classification applicable to the work being performed;
The installation of ((countertops only which is to be
reported separately in classification 0502, the installation
of cabinets, countertops, and fixtures which is to be reported
separately in classification 0513)) the items manufactured in
this classification which are to be reported separately in the
classification applicable to the work being performed;
The manufacture of wood furniture and caskets which is to be reported separately in classification 2905;
The manufacture of metal cabinets which is to be reported separately in classification 3402;
Lumber remanufacturing which is to be reported separately in classification 2903;
Veneer manufacturing which is to be reported separately in classification 2904; and
Sawmill operations which are to be reported separately in classification 1002.
Special note: Establishments primarily engaged in the
manufacture of cabinets, countertops, and fixtures((,)) may
make other wood products such as doors, windows, moldings,
and/or furniture as an incidental activity to the main
business. The manufacture of these incidental products is
included within the scope of classification 2907-00. Furniture is generally moveable and unsecured. Fixtures are
usually secured, stationary, permanently built-in objects. Even though some fixtures may be secured to a wall or floor,
they are not intended to be relocated, unlike furniture which
is frequently and more easily arranged.
[07-01-014, recodified as § 296-17A-2907, filed 12/8/06, effective 12/8/06. Statutory Authority: RCW 51.16.035, 51.16.100. 06-12-075, § 296-17-57001, filed 6/6/06, effective 1/1/07. Statutory Authority: RCW 51.04.020, 51.16.035, and 51.12.120. 03-23-025, § 296-17-57001, filed 11/12/03, effective 1/1/04. Statutory Authority: RCW 51.16.035, 51.04.020. 00-14-052, § 296-17-57001, filed 7/1/00, effective 7/1/00. Statutory Authority: RCW 51.16.035. 98-18-042, § 296-17-57001, filed 8/28/98, effective 10/1/98; 96-12-039, § 296-17-57001, filed 5/31/96, effective 7/1/96. Statutory Authority: RCW 51.04.020(1) and 51.16.035. 93-12-093, § 296-17-57001, filed 5/31/93, effective 7/1/93; 91-12-014, § 296-17-57001, filed 5/31/91, effective 7/1/91. Statutory Authority: RCW 51.16.035. 87-12-032 (Order 87-12), § 296-17-57001, filed 5/29/87, effective 7/1/87.]
3104-08 Plaster, whiting, talc, emery powder: Manufacturing
Applies to establishments engaged in the manufacture of
plaster, whiting, talc or emery powder. Plaster is a mixture
of lime, sand, water, and may include hair or other fibers,
that hardens to a smooth solid and is used for coating walls
and ceilings. Plaster can also be manufactured in dry form
and sold in bags. Whiting is a pure white grade of chalk that
has been ground and washed for use in paints, ink, and as an
extender in pigments, putty or whitewash. Talc is a
fine-grained white, greenish, or gray mineral with a soft
soapy texture, which is used in the manufacture of talcum and
face powder, as a paper coating, and as a filler for paint and
plastics. Emery is a fine-grained mineral used for grinding
and polishing. This classification is for the production of
the powders only. Machinery includes, but is not limited
to((,)):
Conveyors;
Forklifts;
Machinery for crushing, mixing, grinding, milling
((and)), washing ((and)), or cooking ((machinery, conveyors
and forklifts)).
This classification excludes:
Establishments engaged in the manufacture of plaster statuary or ornaments which are to be reported separately in classification 3509;
Establishments engaged in the manufacture of plasterboard or plaster block which are to be reported separately in classification 3104-55;
Interior and exterior plastering and stucco work which is to be reported separately in classification 0303; and
Quarrying operations which are to be reported separately in classification 1704.
3104-52 Asbestos products or mica goods: Manufacturing
Applies to establishments engaged in the manufacture of
asbestos products and mica goods. Asbestos products include,
but are not limited to((, fireproofing, electrical insulation,
building materials,)):
Brake linings((,));
Building materials;
Chemical filters;
Clutch facings((,));
Dryer felt;
Electrical insulation;
Fireproofing;
Valve packings((, dryer felt, and chemical filters)).
Asbestos is a fibrous mineral form combined with impure
magnesium silicate. Flake asbestos can be mixed, spun and
woven into cloth((;)), or the flakes can be used as an
ingredient in the processing or treatment of paper. To make
molded asbestos products, asbestos is mixed with other
ingredients, molded, baked, cut to size, and ground. Mica is
also a mineral form; it is split to desired thickness using
hand knives or knives mounted on tables. The split mica is
sent to punch presses which stamp out the various products
usually used by the electrical trades. Mica that is too small
to be processed on punch presses may be placed in burling
machines, mixed with liquids, and then pressed into sheets.
Removal of imperfections is usually done by hand; the sheets
are dried, baked in ovens and run through sanders prior to
crating and shipping.
This classification excludes:
Establishments engaged in the manufacture of plasterboard or plaster block which are to be reported separately in classification 3104-55;
Contractors engaged in the installation or removal of
asbestos or mica products at the customer's site ((which)) who
are to be reported separately in the classification applicable
to the phase of construction being performed; and
Quarrying operations which are to be reported separately in classification 1704.
3104-53 ((Soapstone or soapstone)) Stone products:
Manufacturing; ((marble cutting and polishing; slate milling;
stone cutting)) fabrication, or polishing, N.O.C.
Applies to establishments engaged in the manufacture of soapstone products, and the cutting, milling, and polishing of stone not covered by another classification (N.O.C.), such as:
Granite;
Grindstone;
Limestone;
Lithographic stone (usually sheet zinc) marble((,));
Millstone;
Slate((, or stone such as grindstone, limestone,
millstone and lithographic stone (usually sheet zinc), not
covered by another classification (N.O.C.))).
Soapstone (also called steatite) is a massive
white-to-green talc found in extensive mine beds and is used
in products such as, but not limited to((,)):
Ceramics;
Decorative accessories;
Insulation((,));
Ornamental objects;
Paints((, ceramics, decorative accessories, and
ornamental objects)).
The manufacturing process for stone products requires
turning, shaping, carving and polishing ((of the soapstone))
with a variety of milling equipment. Finished stone products
of granite, marble, or slate ((or stone)) include, but are not
limited to((,)):
Countertops;
Decorative accessories((,));
Floor tiles;
Tops for furniture((, countertops, floor tiles and));
Other building materials.
Machinery and materials include, but are not limited
to((, saws, milling machines,)):
Abrasives;
Grinders ((and abrasives));
Milling machines;
Saws.
This classification excludes:
Installation of ((tile, marble or slate)) stone
building materials ((which is to be reported separately in the
classification applicable to the phase of construction being
performed)) as described in classification 0302;
Tile setting as described in classification 0502; and
Quarry operations which are to be reported separately in classification 1704.
3104-55 Plasterboard or plaster block: Manufacturing
Applies to establishments engaged in the manufacture of
plasterboard (wallboard) or plaster block which are used as
building materials. Raw materials include, but are not
limited to((,)):
Fiberboard;
Plaster((, fiberboard, and));
Rolls of paper.
Plasterboard is made by bonding plaster to a thin rigid board or to layers of fiberboard or paper to form a flat board or a block. Product is dried in ovens, cut to size with slitters or other cutting machinery, and packed for shipment. This classification includes the mixing of the plaster when done by employees of employers subject to this classification.
This classification excludes:
Establishments operating as plaster mills which are to be reported separately in classification 3104-08;
Interior and exterior plastering and stucco work which is to be reported separately in classification 0303; and
Quarrying operations which are to be reported separately in classification 1704.
3104-57 Coating of building materials, N.O.C.
Applies to establishments engaged in the coating of
building materials, not covered by another classification
(N.O.C.), with preservatives to keep them from decaying when
placed into the ground. These materials include, but are not
limited to((,)):
Deck materials;
Dimensional lumber((, deck materials,));
Fence posts((,));
Landscaping beams((, and));
Lattice work.
The coating process may include immersing the lumber in
vats of preservative, or cutting or drilling small holes into
the lumber and applying preservatives that soak in. Machinery
and materials include, but are not limited to((,)):
Brushes;
Drills;
Immersion vats((, drills, brushes, or));
Machines to drill holes and apply preservatives.
This classification excludes installation of these products which is to be reported separately in the classification applicable to the work being performed.
3104-58 Monument dealers
Applies to establishments engaged in selling monuments,
statues, cornerstones, and grave markers to others. This
classification includes the finish cutting, grinding,
polishing, engraving, and sandblasting of the stone when done
by employees of employers subject to this classification. Wholesale monument dealers generally receive split, rough cut
stone from the mine or quarry. Materials such as granite and
marble are cut to block size, and precast bronze markers may
be attached to the stone. Some blocks are sold without
further processing while others are finished with stone
polishers and abrasives, then cut into monuments prior to
shipment to retail monument dealers. Retail monument dealers
may provide engraving, artwork, lettering, and dates,
according to customer specifications, that ((is)) are usually
done with a sandblasting technique. This classification
includes installation of monuments when performed by employees
of the monument dealer.
This classification excludes:
Installation of monuments by employees of cemeteries which is to be reported separately in classification 6202;
Contractors engaged in the installation of monuments which are to be reported separately in the classification applicable to the work being performed; and
Establishments engaged in providing specialized services, such as, but not limited to, sandblasting which are to be reported separately in the classification applicable to the work being performed.
[07-01-014, recodified as § 296-17A-3104, filed 12/8/06, effective 12/8/06. Statutory Authority: RCW 51.16.035. 98-18-042, § 296-17-574, filed 8/28/98, effective 10/1/98. Statutory Authority: RCW 51.04.020(1) and 51.16.035. 93-12-093, § 296-17-574, filed 5/31/93, effective 7/1/93. Statutory Authority: RCW 51.16.035. 85-24-032 (Order 85-33), § 296-17-574, filed 11/27/85, effective 1/1/86; 82-24-047 (Order 82-38), § 296-17-574, filed 11/29/82, effective 1/1/83; Order 76-36, § 296-17-574, filed 11/30/76; Order 73-22, § 296-17-574, filed 11/9/73, effective 1/1/74.]
3406-00 Automotive or truck gas service stations, N.O.C.: Lube and oil change specialists, and mobile lube and oil
services
Applies to establishments operating full service gasoline
or diesel service stations not covered by another
classification (N.O.C.). This classification includes
cashiers. Full service includes, but is not limited to((,)):
Pumping gas for customers((,));
Replacing wiper blades((,));
Checking and/or filling the fluid levels (oil,
transmission, wiper wash and antifreeze)((, and));
Adding air to the tires.
The repairs included in this classification are:
Oil and filter changes((,));
Tune-ups((,));
Replacement of brakes((,));
Front end alignments ((and));
The repair or replacement of tires. ((This
classification includes cashiers.))
This also applies to establishments engaged exclusively
in preventive automotive maintenance, such as, but not limited
to((,)):
Adding air to tires;
Changing oil and ((oil)) filters((,));
Checking and/or filling fluid levels;
Checking and/or replacing belts, hoses;
Lubing chassis((, checking and/or filling fluid
levels,));
Replacing wiper blades((, adding air to tires, and
checking and/or replacing belts, hoses, and filters)).
This classification excludes:
Portable automobile or truck car washes which are to be reported separately in classification 6602;
Establishments engaged in automobile or truck repair services and tune up specialists which are to be reported separately in classification 3411;
Establishments engaged in the service or repair of machinery or equipment N.O.C. which are to be reported separately in classification 6409;
Self-service gas stations which are to be reported separately in classification 3409; and
Convenience grocery stores or mini-markets with self-service gasoline operations which are to be reported separately in classification 3410.
3406-01 Automobile or truck storage garages
Applies to establishments operating automobile or truck
storage garages. Generally, these types of storage garages
consist of an enclosed structure and usually with more than
one level of parking. Storage garages may provide additional
incidental services such as, but not limited to((,)):
Gasoline((,));
Tune-ups((,));
Washing and waxing services((, as well as));
Cashiers ((and));
Full-time attendants or security personnel.
This classification excludes:
Portable automobile or truck car washes which are to be reported separately in classification 6602;
Establishments providing parking lot services which are to be reported separately in classification 6704;
Automobile or truck repair services which are to be reported separately in classification 3411;
Establishments engaged in the service or repair of machinery or equipment N.O.C. which are to be reported separately in classification 6409;
Self-service gas stations which are to be reported separately in classification 3409; and
Full service gas station services which are to be reported separately in classification 3406-00.
Special note: Storage garages applicable to this classification are distinguishable from parking lots in classification 6704 in that parking lots usually are not an enclosed structure, and they do not provide service to automobiles.
3406-04 Automobile or truck - Detailing by contractor; glass
tinting; windshield repair
Applies to establishments engaged in providing automobile
or truck detailing services, and to establishments engaged
solely in tinting glass in automobiles, or repairing cracks,
chips or ((bullseyes)) bull's-eyes in windshields. This
classification includes cashiers. Detailing services involve
complete, in-depth cleaning of exteriors and interiors such
as, but not limited to((,)):
Washing((,));
Waxing((,));
Polishing((,));
Buffing((,));
May also involve tinting glass;
Vacuuming or otherwise cleaning the ((auto bodies,))
autos':
Chrome work((,));
Tires((,));
Hub caps((,));
Windows((,));
Mirrors((,));
Carpets ((and));
Seats ((and may also involve tinting glass. This
classification includes cashiers)).
This classification excludes:
Portable automobile or truck car washes which are to be reported separately in classification 6602;
Tinting or installation of automobile or truck window glass performed by a glass dealer which is to be reported separately in classification 1108;
Glass tinting or the application of tinted plastic film to glass windows and doors in buildings which are to be reported separately in classification 0511;
Detailing performed in connection with automobile or truck dealers, service centers or repair garages which are to be reported separately in classification 3411;
Detailing performed in connection with automobile or
truck body and fender repair shops which ((are)) is to be
reported separately in classification 3412;
Detailing performed in connection with establishments engaged in the service or repair of machinery or equipment, N.O.C. which is to be reported separately in classification 6409; and
Detailing performed in connection with full service gas
stations which ((are)) is to be reported separately in
classification 3406-00.
3406-05 Automobile or truck car washes
Applies to establishments providing automobile or truck
washing services. This classification includes the exterior
washing, waxing, polishing or buffing, cleaning of chrome and
tires, and the interior cleaning of windows, carpets, dash and
seats. These services may be performed at a coin operated
self-service unit, or at a full service automatic unit where
the vehicle is conveyed through the line assisted by
attendants. This classification includes cashiers and the
sale of accessory items such as, but not limited to((, bottled
car care products,)):
Air fresheners((, floor mats,));
Beverages ((and snack foods));
Bottled car care products;
Floor mats;
Snack foods.
This classification excludes:
Portable automobile or truck car washes which are to be reported separately in classification 6602;
Washing services performed in connection with automobile or truck dealers, services centers or repair garages which are to be reported separately in classification 3411;
Washing services performed in connection with automobile or truck body and fender repair shops which are to be reported separately in classification 3412;
Washing services performed in connection with establishments engaged in the service or repair of machinery or equipment, N.O.C. which are to be reported separately in classification 6409;
Washing services performed in connection with full service gas stations which are to be reported separately in classification 3406;
Washing services performed in connection with self-service gasoline operations which are to be reported separately in classification 3409; and
Washing services performed in connection with convenience stores that have self-service gasoline operations which are to be reported separately in classification 3410.
[Statutory Authority: RCW 51.16.035 and 51.16.100. 07-12-047, § 296-17A-3406, filed 5/31/07, effective 7/1/07. 07-01-014, recodified as § 296-17A-3406, filed 12/8/06, effective 12/8/06. Statutory Authority: RCW 51.04.020, 51.16.035, and 51.12.120. 03-23-025, § 296-17-583, filed 11/12/03, effective 1/1/04. Statutory Authority: RCW 51.16.035, 51.04.020. 00-14-052, § 296-17-583, filed 7/1/00, effective 7/1/00. Statutory Authority: RCW 51.16.035. 99-18-068, § 296-17-583, filed 8/31/99, effective 10/1/99; 98-18-042, § 296-17-583, filed 8/28/98, effective 10/1/98; 96-12-039, § 296-17-583, filed 5/31/96, effective 7/1/96; 85-24-032 (Order 85-33), § 296-17-583, filed 11/27/85, effective 1/1/86; 85-06-026 (Order 85-7), § 296-17-583, filed 2/28/85, effective 4/1/85; 83-24-017 (Order 83-36), § 296-17-583, filed 11/30/83, effective 1/1/84; 82-24-047 (Order 82-38), § 296-17-583, filed 11/29/82, effective 1/1/83; 81-24-042 (Order 81-30), § 296-17-583, filed 11/30/81, effective 1/1/82. Statutory Authority: RCW 51.04.030 and 51.16.035. 79-12-086 (Order 79-18), § 296-17-583, filed 11/30/79, effective 1/1/80; Order 73-22, § 296-17-583, filed 11/9/73, effective 1/1/74.]
3509-01 Statuary and ornament: Manufacturing
Applies to establishments engaged in the manufacture of
decorative statuary, and other ornamental items including, but
not limited to((,)):
Cornices;
Countertops;
Grills;
Lawn and garden furniture;
Patio and blocks and stepping stones;
Planters and fountains((, lawn and garden furniture,
patio blocks and stepping stones, grills, and cornices)).
Materials ((such as, but not limited to, plaster,
concrete, hair, wood fiber, powdered lime, sand, gravel,
cinders, aggregates, mesh wire and reinforcing rods, and
certain plastics are received from outside sources)) used to
make the items may include:
Aggregate;
Cinders;
Concrete;
Gravel;
Hair;
Mesh wire and reinforcing rods;
Plaster;
Powdered lime;
Sand;
Wood fiber.
Depending on the item being made, various ingredients are
mixed together and cast in metal or rubber molds or in forming
machines. After being removed from the molds or forms, they
are dried and stored until cured. After curing, items may be
sanded and smoothed with grinders, ((or)) carved by hand; some
may be painted with designs or coated with a clear finish((,
or designs hand painted on)). Such finishing work is included
within the scope of the classification when performed by
employees of employers subject to this classification.
This classification excludes:
The mining, digging, quarrying, or manufacturing of raw materials which are to be reported separately in the applicable classification;
The manufacture of decorative tile which is to be
reported separately in classification 3503; ((and))
The manufacture of concrete blocks, bricks, poles, piles, tile, beams, sewer and irrigation pipe, and septic tanks which is to be reported separately in classification 3105; and
The pouring and finishing of concrete countertops on a construction site which is to be reported in classification 0217.
Special note: This classification differs from classification 3105 "concrete blocks, sewer pipes" in that products manufactured in classification 3509 are for decorative purposes, are usually lighter weight, and have smoother or more perfect finishes than the concrete products manufactured in classification 3105 which are rough, do not require perfect finishes, and are generally for construction use.
[07-01-014, recodified as § 296-17A-3509, filed 12/8/06, effective 12/8/06. Statutory Authority: RCW 51.16.035. 98-18-042, § 296-17-59201, filed 8/28/98, effective 10/1/98; 96-12-039, § 296-17-59201, filed 5/31/96, effective 7/1/96. Statutory Authority: RCW 51.04.020(1) and 51.16.035. 89-24-051 (Order 89-22), § 296-17-59201, filed 12/1/89, effective 1/1/90.]
4107-04 Business machines: Service, ((adjustment,)) repair,
((and)) installation, and recycle, N.O.C.
Applies to establishments engaged in the ((adjustment,))
service, ((or)) repair, installation, or recycling of business
machines not covered by another classification (N.O.C.)((. Types of business machines include, but are not limited to,
typewriters, copy, postage meters, keypunch, fax machines,
computer components, X-ray and other medical-related
electronic equipment. Work contemplated by this
classification includes low voltage prewiring to the point of
connecting to the live circuit.)) This classification
includes all work performed on the customer's premises as well
as in the employer's shop. ((This classification also
includes service or repair of depth finders, radar,
computerized or noncomputerized embroidery machines and the
replacement or refilling of nontoxic toner in printer
cartridges which is sometimes referred to as remanufacturing. The plate is removed from used cartridges, residuals of old
toner is removed with hand-held vacuums, and the cartridge is
wiped clean. After pouring new toner into the cartridge, the
plate is replaced and the cartridge is considered new. Used
toner is wrapped in plastic and discarded.))
Installation work contemplated by this classification includes low voltage prewiring to the point of connecting to the live circuit. Types of machines or equipment include, but are not limited to:
Computer components;
Copiers;
Depth finders;
Fax machines;
Postage meters;
Radar equipment;
X-ray or other medical-related electronic equipment.
Recycling in this classification includes printer cartridge recycling or remanufacturing, and the breakdown of computer equipment to remove useable parts to sell or use for rebuilding and resale. The unusable materials are picked up by recyclable materials processors or garbage collectors.
This classification excludes:
The retail sale of computers and accessories which may be separately reported in classification 6406;
Recyclable materials processors described in classification 2102;
Electrical work with a live power source which is to be reported separately in classification 0601; and
Low voltage wiring which is to be reported in classification 0608.
4107-20 Piano tuning
Applies to establishments engaged in tuning services for
pianos, organs, and other keyboard musical instruments.
Establishments in this classification will tune, clean,
replace the felt, and provide minor repair service such as,
but not limited to((, the removal)):
Removing and ((replacement of)) replacing bad
cords((,));
Regluing broken keys((, or));
Replacing faulty foot pedals. This classification includes all work performed on the customer's premises as well as in the shop.
This classification excludes:
Establishments engaged in the sale of pianos and organs which are to be reported separately in classification 6306;
Establishments engaged in the sale of other types of musical instruments such as string, wind and percussion instruments, which are to be reported separately in classification 6406; and
Establishments engaged in the reconditioning of pianos and organs (and the related sales of reconditioned pianos and organs) which are to be reported separately in classification 2906.
[07-01-014, recodified as § 296-17A-4107, filed 12/8/06, effective 12/8/06. Statutory Authority: RCW 51.16.035. 98-18-042, § 296-17-626, filed 8/28/98, effective 10/1/98. Statutory Authority: RCW 51.04.020(1) and 51.16.035. 89-24-051 (Order 89-22), § 296-17-626, filed 12/1/89, effective 1/1/90. Statutory Authority: RCW 51.16.035. 85-24-032 (Order 85-33), § 296-17-626, filed 11/27/85, effective 1/1/86; 85-06-026 (Order 85-7), § 296-17-626, filed 2/28/85, effective 4/1/85; 83-24-017 (Order 83-36), § 296-17-626, filed 11/30/83, effective 1/1/84; Order 73-22, § 296-17-626, filed 11/9/73, effective 1/1/74.]
OTS-4618.2
AMENDATORY SECTION(Amending WSR 07-12-047, filed 5/31/07,
effective 7/1/07)
WAC 296-17A-0307
Classification 0307.
0307-01 Furnaces and heating systems: Installation, service
or repair
Applies to contractors engaged in the installation,
service, or repair of furnaces and heating systems, including
duct work, in all types of residential and commercial
settings. These services are generally performed by furnace
contractors, heating and ventilation contractors, or sheet
metal contractors. Work contemplated by this classification
includes the fabrication, erection, installation and duct work
performed at the job site. Materials include, but are not
limited to((,)):
Air purification systems;
Concrete pads;
Fireplace inserts or units;
Fittings;
Flat sheets of metal;
Galvanized pipe;
Gas logs;
Gas or electric furnace units((,));
Heat pumps;
Heater units((, heat pumps, air purification systems,
fireplace inserts or units,));
Hot water tanks((,));
Insulation wrap;
Preformed or bent venting duct and pipe;
Thermostats((, flat sheets of metal,));
Vent collars and reels;
Vents((, preformed or bent venting duct and pipe, vent
collars and reels, fittings, galvanized pipe, insulation wrap,
concrete pads and gas logs)).
Contractors who operate a sheet metal fabrication shop or who prefabricate the duct systems in a shop away from the construction site are to be assigned classification 3404 for the shop fabrication work. When a contractor's business is assigned classification 3404 for shop operations, then classification 5206, "Permanent yard or shop," is no longer applicable to the contractor's business for the storage of materials or repair to equipment.
This classification excludes:
Sheet metal fabrication shops which are to be reported separately in classification 3404;
Duct cleaning work which is to be reported separately in classification 1105;
Installation or repair of ventilation, air conditioning
and refrigeration systems which is to be reported separately
in classification 0307-04; ((or)) and
The installation of wood stoves which is to be reported separately in classification 0307-05.
Special note: This classification includes the
installation of display areas or showrooms which provide
prospective customers an opportunity to inspect the quality of
workmanship and products carried by the contractor.
Generally, displays or showrooms are installed where the
contractors store their materials. It is common for
contractors subject to this classification to sell furnace and
heating system materials and accessories, but the intent of
these areas is not to sell products to walk-in customers.
Sales of these products by a furnace and heating systems
contractor are included in classification 0307.
Classifications 2009, 6309, or similar store
classifications((,)) are not to be assigned to a contracting
business. If the conditions of the standard exception general
reporting rules have been met, employees engaged exclusively
in showing the display areas or showrooms to customers are to
be assigned classification 6303 ((provided the conditions of
the standard exception general reporting rule have been met)).
0307-04 Ventilating, air conditioning and refrigeration
systems: Installation, service or repair, N.O.C.
Applies to contractors engaged in the installation,
service, or repair of ventilating, air conditioning and
refrigeration systems not covered by another classification
(N.O.C.), including duct work at the job site in all types of
residential and commercial settings. These services are
generally performed by heating and ventilation contractors,
refrigeration contractors, or sheet metal contractors. Work
contemplated by this classification includes the fabrication,
erection, installation and duct work performed at the job
site. Materials include, but are not limited to((,)):
Air conditioning units((,));
Air purification systems;
Concrete pads;
Fittings;
Flat sheets of metal;
Galvanized pipe;
Hoods and protective metal covers;
Hot water tanks;
Preformed or bent duct portions;
Refrigeration systems((, air purification systems,
hoods and protective metal covers, hot water tanks, flat
sheets of metal, vents, preformed or bent duct portions, vent
collars and reels, thermostats, fittings, galvanized pipe,
insulation wrap, and concrete pads));
Thermostats;
Vent collars and reels.
This classification includes the installation or repair of built-in vacuum systems and air (pneumatic) tube systems, such as those at drive-up teller windows. Contractors who operate a sheet metal fabrication shop or who prefabricate the duct systems in a shop away from the construction site are to be assigned classification 3404 for the shop fabrication work. When a contractor's business is assigned classification 3404 for shop operations, then classification 5206 "Permanent yard or shop" is no longer applicable to the contractor's business for the storage of materials or repair to equipment.
This classification excludes:
Sheet metal fabrication shops which are to be reported
separately in classification ((3402)) 3404;
Installation or repair of furnace or heating systems
which is to be reported separately in classification 0307-01;
((and))
The installation of wood stoves which is to be reported separately in classification 0307-05.
Special note: This classification includes the
installation of display areas or showrooms which provide
prospective customers an opportunity to inspect the quality of
workmanship and products carried by the contractor.
Generally, displays or showrooms are installed where the
contractors store their materials. It is common for
contractors subject to this classification to sell ventilating
and air conditioning equipment and materials, but the intent
of these areas is not to sell products to walk-in customers.
Sales of these products by a ventilating and air conditioning
contractor are included in classification 0307.
Classification 2009, 6309, or similar store classifications,
are not to be assigned to a contracting business. If the
conditions of the standard exception general reporting rule
have been met, employees engaged exclusively in showing the
display areas or showrooms to customers are to be assigned
classification 6303 ((provided the conditions of the standard
exception general reporting rule have been met)).
0307-05 Wood, pellet, or gas stove: Installation, service or
repair
Applies to contractors engaged in the installation,
service or repair of wood, pellet or gas stoves in all types
of residential and commercial settings. Work contemplated by
this classification includes the fabrication, installation and
duct work performed at the job site. Materials include, but
are not limited to((, wood, gas or pellet stoves,)):
Gas fireplace logs;
Heater units;
Inserts((, heater units,));
Preformed or bent venting duct and pipe;
Protective metal covers or hoods((, gas fireplace logs,
preformed or bent venting duct and pipe, or));
Vents ((and));
Vent collars;
Wood, gas or pellet stoves.
Contractors who operate a sheet metal fabrication shop or who prefabricate the duct systems in a shop away from the installation site are to be assigned classification 3402 for the shop fabrication work. When a contractor's business is assigned classification 3402 for the shop operations, then classification 5206, "Permanent yard or shop," is no longer applicable to the contractor's business for the storage of materials or repair to equipment.
This classification excludes wood stove and accessory stores which are to be reported separately in classification 6309; stove manufacturing which is to be reported separately in classification 3402; sheet metal fabrication shops which are to be reported separately in classification 3404; brick or masonry work which is to be reported separately in classification 0302; and the installation or repair of furnace or heating systems which is to be reported separately in classification 0307-01.
Special note: This classification includes the installation of display areas or showrooms which provide prospective customers an opportunity to inspect the quality of workmanship and products carried by the contractor. Generally, displays or showrooms are installed where the contractors store their materials. It is common for contractors subject to this classification to sell wood stove installation materials and accessories, but the intent of these areas is not to sell products to walk-in customers. Sales of these products by a wood stove installation contractor are included in classification 0307. Classifications 2009, 6309, or similar store classifications, are not to be assigned to a contracting business. Employees engaged exclusively in showing the display areas or showrooms to customers are to be assigned classification 6303 provided the conditions of the standard exception general reporting rule have been met.
[Statutory Authority: RCW 51.16.035 and 51.16.100. 07-12-047, § 296-17A-0307, filed 5/31/07, effective 7/1/07. 07-01-014, recodified as § 296-17A-0307, filed 12/8/06, effective 12/8/06. Statutory Authority: RCW 51.16.035, 51.16.100. 06-12-075, § 296-17-513, filed 6/6/06, effective 1/1/07. Statutory Authority: RCW 51.16.035. 98-18-042, § 296-17-513, filed 8/28/98, effective 10/1/98; 96-12-039, § 296-17-513, filed 5/31/96, effective 7/1/96; 85-24-032 (Order 85-33), § 296-17-513, filed 11/27/85, effective 1/1/86; 83-24-017 (Order 83-36), § 296-17-513, filed 11/30/83, effective 1/1/84; Order 73-22, § 296-17-513, filed 11/9/73, effective 1/1/74.]
0510-00 Wood frame building: Construction or alterations,
N.O.C.
Applies to contractors engaged in wood frame building
construction or alterations not covered by another
classification (N.O.C.). For the purposes of this
classification, wood frame building construction means
buildings erected exclusively of wood or wood products. This
classification includes all building framing activities done
in connection with wood frame building construction including
((the)):
Placement of roof trusses((,));
Sheathing roofs((,));
Installation of exterior building siding((, and the));
Installation of exterior doors and door frames((. This
classification also includes the));
Installation of windows, window frames, and skylights
when performed by framing workers as part of the framing
contract on a wood frame building((. This classification also
includes the));
Erection of log home shells at customer's location.
The manufacturing of log homes in a permanent yard which includes peeling the logs, notching the logs with chainsaws, and assembly is to be reported in classification 1003-06.
This classification excludes all other phases of wood
frame building construction not listed as part of the framing
activities above such as, but not limited to((,)):
Site preparation and excavation (0101);
Overhead or underground utilities, asphalt work, or concrete work which is to be reported separately in the applicable classification;
New landscape work (0301);
Brick work (0302);
Stucco work (0303);
Plumbing work (0306);
HVAC work (0307);
Carpet and tile work (0502);
Exterior painting (0504);
Roof work (0507);
Insulation work (0512);
Interior finish carpentry - Interior doors, cabinets, fixtures or molding (0513);
Installation of garage doors (0514);
Installation of sheet metal siding, gutters, and nonstructural sheet metal patio covers/carports (0519);
Interior painting (0521);
Electrical work (0601) ((or)); and
Wallboard installation, taping or texturing which are to be reported separately in the applicable classifications. For a more thorough description of the activities included and excluded from wood frame building construction, review the Construction Industry Guide.
Special note: Classification 0510 also includes wood frame building alterations or remodel work when the activity involves building new additions. The term "new additions" is defined as adding on to an existing wood frame building (upwards or outwards) in which the use of structural supports and main bearing beams is required. This is distinguishable from classification 0516 - Building repair or carpentry work that typically does not require the placement of structural supports or main bearing beams. The purpose of classification 0516 is to build or rebuild with nonstructural or bearing beams, or to replace an existing portion (including existing structural and bearing beams) of a wood frame building for appearances or as a result of deterioration to make it appear new again. Care should be exercised as the terminology to build, rebuild, remodel, construct or reconstruct is irrelevant to assignment of classification which should recognize what the project actually involves.
Guidelines:
Altering all or part of an existing wood frame building by adding on new additions - 0510
Constructing a new wood frame building that never existed - 0510
((Altering all or part of an existing wood frame building
by adding on new additions - 0510))
Remodeling all or part of an existing wood frame building without adding on new additions - 0516
Altering all or part of an existing wood garage by adding on new additions - 0510
Altering the existing interior of a wood frame building by adding exterior additions - 0510
Constructing a new wood garage that never existed - 0510
Constructing, altering, or remodeling the interiors of nonwood frame buildings - 0516
Constructing a new wood carport or wood shed that never existed - 0510
Constructing or replacing a wood deck for any type of nonwood building - 0516
Constructing or replacing a wood deck on an existing wood house - 0516
Construction of a new wood deck by the framing contractor when a new wood house is being built - 0510
Installation of windows, window frames, and skylights when performed by framing workers as part of the framing contract of a wood frame building - 0510
Installation of wood or vinyl siding on a new or existing wood frame building - 0510
Installation of wood or vinyl siding on a new addition
by the remodeling contractor - ((0510-02)) 0516-02
Installation of wood or vinyl siding on an existing structure by a remodeling contractor - 0516-00
((Constructing a new wood garage that never existed - 0510
Altering all or part of an existing wood garage by adding on new additions - 0510))
Rebuilding an existing wood carport or wood shed (all or part) with or without new additions - 0516
Remodeling all or part of an existing wood garage without adding on new additions - 0516
((Constructing a new wood carport or wood shed that never
existed - 0510
Rebuilding an existing wood carport or wood shed (all or part) with or without new additions - 0516
Construction of a new wood deck by the framing contractor when a new wood house is being built - 0510
Constructing or replacing a wood deck on an existing wood house - 0516
Constructing or replacing a wood deck for any type of nonwood building - 0516
Altering the existing interior of a wood frame building by adding exterior additions - 0510
Remodeling the existing interior of a wood frame building without adding exterior additions - 0516
Constructing, altering, or remodeling the interiors of nonwood frame buildings - 0516
Installation of windows, window frames, and skylights when performed by framing workers as part of the framing contract of a wood frame building - 0510.)) Remodeling the existing interior of a wood frame building without adding exterior additions - 0516.
0510-99 Wood frame building: Construction or alteration,
N.O.C. (only to be assigned by the wood framing specialist)
Applies to framing contractors((,)) who consider
themselves to be independent contractors, have no employees,
and have not elected owner coverage for themselves.
The purpose of assigning this classification is to allow the independent contractor the opportunity to be checked for "account in good standing" status for prime contractor liability.
Special note: Any contractor who hires employees or elects owner coverage is required to report in the applicable construction classification.
[Statutory Authority: RCW 51.16.035, 51.16.100, 51.04.020(1). 10-18-024, § 296-17A-0510, filed 8/24/10, effective 10/1/10. Statutory Authority: RCW 51.16.035 and 51.16.100. 07-12-047, § 296-17A-0510, filed 5/31/07, effective 7/1/07. 07-01-014, recodified as § 296-17A-0510, filed 12/8/06, effective 12/8/06. Statutory Authority: 2004 c 243, RCW 51.04.020 and 51.16.035. 04-20-023, § 296-17-52102, filed 9/28/04, effective 11/1/04. Statutory Authority: RCW 51.16.035, 51.04.020. 00-14-052, § 296-17-52102, filed 7/1/00, effective 7/1/00. Statutory Authority: RCW 51.16.035. 99-18-068, § 296-17-52102, filed 8/31/99, effective 10/1/99; 98-18-042, § 296-17-52102, filed 8/28/98, effective 10/1/98. Statutory Authority: RCW 51.04.020(1) and 51.16.035. 93-12-093, § 296-17-52102, filed 5/31/93, effective 7/1/93. Statutory Authority: RCW 51.16.035. 88-12-050 (Order 88-06), § 296-17-52102, filed 5/31/88, effective 7/1/88; 87-12-032 (Order 87-12), § 296-17-52102, filed 5/29/87, effective 7/1/87; 85-24-032 (Order 85-33), § 296-17-52102, filed 11/27/85, effective 1/1/86.]
1005-02 Shake and/or shingle mills
Applies to establishments engaged in the operation and
maintenance of a shake and/or shingle mill. Work contemplated
by this classification includes receiving raw logs which they
cut and split into shakes, shingles and ridge caps. A shake
is a roofing or siding material having at least one surface
with a natural grain textured split surface. A shingle is a
roofing or siding material having sawn faces and backs and
((are)) of a standard thickness at the butt end and tapered
finish at the other end. A ridge cap is produced from two
pieces nailed together to form a "v" shape placed on the
center line of a roof. Raw logs are temporarily stored in the
yard. This classification may include operations such as, but
not limited to((,)):
Loading raw logs onto a conveyor or log slip((,));
Cutting the log into rounds((,));
Splitting the rounds into blocks((,));
Feeding the blocks through a shake or shingle saw((,));
Grading ((and)), sorting, bundling, and stacking ((and
storing of)) finished shakes, shingles and/or ridge caps.
Machinery and equipment includes, but is not limited to, log loaders, conveyors, log slips, overhead splitters, cut-off saws, shake saws, shingle saws, taper saws, head saws, pallet presses, and forklifts.
This classification excludes:
Establishments engaged exclusively in the manufacturing of ridge caps or shims which are to be reported separately in classification 2903;
All operations conducted in the woods, such as logging or the cutting and splitting of shake or shingle bolts, which are to be reported separately in the applicable logging classification;
Automated shake and shingle mills which are to be
reported separately in classification 1002 provided the entire
process to produce shakes and shingles uses automated
processes at the mill site, and meets the requirements defined
in WAC ((296-17-534; and all operations conducted in the
woods, such as logging or the cutting and splitting of shake
or shingle bolts, which are to be reported separately in the
applicable logging classification)) 296-17A-1002.
[07-01-014, recodified as § 296-17A-1005, filed 12/8/06, effective 12/8/06. Statutory Authority: RCW 51.16.035. 98-18-042, § 296-17-53502, filed 8/28/98, effective 10/1/98; 96-12-039, § 296-17-53502, filed 5/31/96, effective 7/1/96; 85-24-032 (Order 85-33), § 296-17-53502, filed 11/27/85, effective 1/1/86; 83-24-017 (Order 83-36), § 296-17-53502, filed 11/30/83, effective 1/1/84; 81-24-042 (Order 81-30), § 296-17-53502, filed 11/30/81, effective 1/1/82.]
1501-00 Counties and taxing districts, N.O.C. - All other
employees
Applies to employees of counties and taxing districts, not covered by another classification (N.O.C.), who:
Operate machinery or equipment, including transit bus drivers;
Perform manual labor((, or who));
Supervise a work crew performing manual labor such as
custodial or maintenance((, and machinery or equipment
operators including transit bus drivers)).
This classification includes administrative personnel such as:
Engineers, safety inspectors, and biologists who have
field exposure((, and));
Internal inventory and supply clerks.
For purposes of this classification, field exposure is defined as any exposure other than the normal travel to or from a work assignment.
This classification excludes:
Clerical office and administrative employees who are to be reported separately in classification 5306;
Electric light and power public utility districts which are to be reported separately in classification 1301;
Firefighters who are to be reported separately in classification 6904;
Hospital districts which are to be reported separately in classification 6105;
Irrigation system public utility districts which are to be reported separately in classification 1507;
Law enforcement officers who are to be reported separately in classifications 6905 and 6906, as appropriate;
Port districts which are to be reported separately in classification 4201;
Privately owned and operated bus or transit systems which are to be reported separately in classification 1407;
School districts, library districts or museum districts which are to be reported separately in classification 6103 or 6104;
Water distribution or purification system public
utility districts which are to be reported separately in
classification 1507; ((irrigation system public utility
districts which are to be reported separately in
classification 1507; port districts which are to be reported
separately in classification 4201; school districts, library
districts or museum districts which are to be reported
separately in classifications 6103 or 6104; hospital districts
which are to be reported separately in classification 6105;
firefighters who are to be reported separately in
classification 6904; law enforcement officers who are to be
reported separately in classification 6905 and 6906, as
appropriate; clerical office and administrative employees who
are to be reported separately in classification 5306, and
volunteers who are to be reported separately in
classifications 6901 or 6906, as appropriate.))
Volunteers who are to be reported separately in classification 6901 or 6906, as appropriate.
1501-01 Housing authorities, N.O.C. - All other employees
Applies to employees of housing authorities, not covered by another classification, who:
Perform manual labor((, or who));
Supervise a work crew performing manual labor such as custodial or maintenance, and machinery or equipment operators.
This classification includes all functional operations of a housing authority such as:
Building and grounds maintenance;
Inspection, maintenance and repairs, including minor
structural repairs((,));
Janitorial service((, and building and grounds
maintenance)).
Also included in this classification are:
Administrative personnel such as engineers and safety inspectors who have field exposure;
Internal inventory and supply clerks;
Meter readers((,));
Security personnel, other than those with law
enforcement powers((, administrative personnel such as
engineers and safety inspectors who have field exposure, and
internal inventory and supply clerks)).
For purposes of this classification, housing authorities are defined as nonprofit, public and political entities which serve the needs of a specific city, county or Indian tribe. The nature and objectives of some of the projects undertaken by housing authorities include providing decent, safe and sanitary living accommodations for low income persons, or providing group homes or halfway houses to serve developmentally or otherwise disabled persons or juveniles released from correctional facilities. A housing authority has the power to:
Prepare, carry out, lease and operate housing
facilities; ((to))
Provide for the construction, reconstruction,
improvement, alteration or repair of any housing project;
((to))
Sell or rent dwellings forming part of the project to
or for persons of low income; ((to))
Acquire, lease, rent or sell or otherwise dispose of
any commercial space located in buildings or structures
containing a housing project; ((to))
Arrange or contract for the furnishing of the units;
((and to))
Investigate into the means and methods of improving such conditions where there is a shortage of suitable, safe and sanitary dwelling accommodations for persons of low income.
This classification excludes:
Clerical office and administrative employees who are to be reported separately in classification 5306;
New construction or major alteration activities which
are to be reported separately in the appropriate construction
classifications; ((clerical office and administrative
employees who are to be reported separately in classification
5306;))
Security personnel with law enforcement powers who are
to be reported separately in classification 6905; ((and))
Volunteers who are to be reported separately in classifications 6901 or 6906, as appropriate.
1501-08 Native American tribal councils - All other employees
Applies to employees of Native American tribal councils who perform manual labor, or who supervise a work crew performing manual labor such as custodial or maintenance, and machinery or equipment operators. This classification includes:
Administrative personnel such as engineers, safety
inspectors, and biologists who have field exposure((, and ));
Internal inventory and supply clerks of the tribal council.
For purposes of this classification, field exposure is defined as any exposure other than the normal travel to and from a work assignment.
This classification excludes:
Clerical office and administrative employees who are to be reported separately in classification 5306;
Electric light and power public utility districts which
are to be reported separately in classification 1301; ((water
distribution or purification system public utility districts
which are to be reported separately in classification 1507;
irrigation system public utility districts which are to be
reported separately in classification 1507;))
Firefighters who are to be reported separately in classification 6904;
Hospital districts which are to be reported separately in classification 6105;
Irrigation system public utility districts which are to be reported separately in classification 1507;
Law enforcement officers who are to be reported separately in classifications 6905 and 6906;
New construction or reconstruction activities which are to be reported separately in the appropriate construction classification;
School districts, library districts or museum districts
which are to be reported separately in classification((s))
6103 or 6104; ((hospital districts which are to be reported
separately in classification 6105; firefighters who are to be
reported separately in classification 6904; law enforcement
officers who are to be reported separately in classifications
6905 and 6906; new construction or reconstruction activities
which are to be reported separately in the appropriate
construction classification; clerical office and
administrative employees who are to be reported separately in
classification 5306.))
Water distribution or purification system public utility districts which are to be reported separately in classification 1507.
Special notes: Housing authorities operating under the name of, and for the benefit of, a particular tribe are not exempt from mandatory coverage. These housing authorities are federally funded and are not owned or controlled by a tribe.
Only those tribal operations which are also provided by
county governments are subject to classification 1501. ((The
following)) Some activities((, such as)) are considered to be
normal operations to be included in this classification.
These include, but are not limited to((, visiting nurses and
home health care, grounds keepers, building maintenance, park
maintenance, road maintenance, and)):
Building maintenance;
Garbage and sewer works((, are considered to be normal
operations to be included in this classification));
Grounds keepers;
Park maintenance;
Road maintenance;
Visiting nurses and home health care.
All other tribal council operations which are not normally performed by a county government shall be assigned the appropriate classification for the activities being performed.
((The following)) Some operations((, such as)) are
outside the scope of classification 1501 and are to be
reported separately in the applicable classifications. These
include, but are not limited to((,)):
Bingo parlors;
Casinos;
Fish/shellfish hatcheries;
Food banks;
Gift shops;
Grocery stores;
Head Start programs;
Liquor stores;
Logging;
Meals on wheels((, bingo parlors, casinos, liquor
stores,));
Motels/hotels;
Restaurants;
Tobacco stores((, grocery stores, food banks, gift
shops, restaurants, motels/hotels, Head Start programs,
fish/shellfish hatcheries, logging, and));
Tree planting/reforestation ((are outside the scope of
classification 1501 and are to be reported separately in the
applicable classifications)).
1501-09 Military base maintenance, N.O.C.
Applies to establishments((,)) not covered by another
classification (N.O.C.), engaged in providing all support
operations and services on a military base on a contract
basis. Such services include, but are not limited to((,)):
Data processing((,));
Photography((,));
Mail delivery (on post and to other military
facilities)((,));
Hotel/motel services((,));
Mess halls((,));
Recreational facilities((,));
Grounds and building maintenance((,));
Vehicle maintenance((, and may also include the));
Maintenance of such facilities as water works, sewer treatment plants and roads.
This classification excludes:
New construction or construction repair projects which are to be reported separately in the applicable construction classification for the work being performed;
Contracts for specific activities on a military base such as, but not limited to, building maintenance, club or mess hall operations, or vehicle maintenance, which are to be reported separately in the applicable classification for the work being performed;
Firefighters who are to be reported separately in classification 6904;
Law enforcement officers who are to be reported
separately in classification 6905; ((and))
Clerical office and administrative employees who are to be reported separately in classification 5306.
Special note: Classification 1501-09 is to be assigned to an establishment only when all support services on a military base are being provided by the contractor. Care should be taken when assigning classification 1501-09 to firms whose military support services include loading, unloading, repair or construction of vessels, or the repair of buildings or structures used for such activities as that firm may be subject to federal maritime law.
1501-20 Community action organizations - All other employees
N.O.C.
Applies to organizations performing an array of services to support the local community and citizens in need. The services provided by community action organizations may include, but are not limited to:
Child care; after school care;
Alternative schools; in home chore services;
Employment or independence training((,));
Counseling and assistance;
Drug and alcohol recovery programs;
Decent, safe and sanitary living accommodations for low-income or needy citizens;
Transitional or emergency housing; weatherization;
Food and clothing banks;
Meals; ((or))
Medical services.
This classification applies to employees of community action organizations N.O.C. (not otherwise classified) who perform manual-type labor, or who supervise a work crew performing manual labor. Work in this classification includes, but is not limited to:
Cooks((,));
Food banks((,));
Drivers((,));
Janitorial or maintenance and repair work((, or))
weatherization services.
Note: Businesses providing only one service described in this class may be assigned the classification applicable to the service provided. If all conditions of the general reporting rules have been met, standard exception classifications may apply.
Excluded from this risk classification ((is)) are:
New construction or major alteration activities which are to be reported separately in the appropriate construction classifications;
Office employees who work exclusively in an administrative office environment who are to be reported in classification 4904-20;
Professional or administrative employees who may also have duties outside of the office who are to be reported in classification 5308-20;
Chore workers/home service workers who are to be reported in classification 6511-20;
Housing authorities which are to be reported in 1501-01 and 5306-26;
Welfare special works programs which are to be reported in 6505;
Work activity centers which are to be reported in 7309;
((and))
Volunteers who are to be reported in classification 6901.
See classifications 5308-20 and 4904-20 for other community action operations.
[Statutory Authority: RCW 51.16.035, 51.16.100, 51.04.020(1). 10-18-024, § 296-17A-1501, filed 8/24/10, effective 10/1/10; 10-16-121, § 296-17A-1501, filed 8/3/10, effective 10/1/10. Statutory Authority: RCW 51.16.035, 51.16.100, and 2007 c 324. 07-24-045, § 296-17A-1501, filed 12/1/07, effective 1/1/09. Statutory Authority: RCW 51.16.035 and 51.16.100. 07-12-047, § 296-17A-1501, filed 5/31/07, effective 7/1/07. 07-01-014, recodified as § 296-17A-1501, filed 12/8/06, effective 12/8/06. Statutory Authority: RCW 51.16.035, 51.04.020. 00-14-052, § 296-17-545, filed 7/1/00, effective 7/1/00. Statutory Authority: RCW 51.16.035. 99-18-068, § 296-17-545, filed 8/31/99, effective 10/1/99; 98-18-042, § 296-17-545, filed 8/28/98, effective 10/1/98; 96-12-039, § 296-17-545, filed 5/31/96, effective 7/1/96. Statutory Authority: RCW 51.04.020(1) and 54.16.035. 93-12-093, § 296-17-545, filed 5/31/93, effective 7/1/93. Statutory Authority: RCW 51.16.035. 85-24-032 (Order 85-33), § 296-17-545, filed 11/27/85, effective 1/1/86; 83-24-017 (Order 83-36), § 296-17-545, filed 11/30/83, effective 1/1/84; 80-17-016 (Order 80-23), § 296-17-545, filed 11/13/80, effective 1/1/81; Order 77-27, § 296-17-545, filed 11/30/77, effective 1/1/78; Emergency Order 77-25, § 296-17-545, filed 12/1/77; Order 73-22, § 296-17-545, filed 11/9/73, effective 1/1/74.]
4904-00 Clerical office, N.O.C.
Applies to those employees whose job duties and work environment meet all the conditions of the general reporting rules covering clerical office standard exception employees who are not covered by another classification (N.O.C.) assigned to their employer's account. Duties of clerical office personnel contemplated by this classification are limited to:
Answering telephones((,));
Creating or maintaining computer software, technical drafting;
Creating or maintaining financial, employment, personnel or payroll records;
Handling correspondence((, creating or maintaining
financial, employment, personnel or payroll records,));
Composing informational material on a computer((,
creating or maintaining computer software, and technical
drafting)).
Special note: When considering this classification, care
must be taken to look beyond titles of employees. Employees
may or may not qualify for this classification with
occupational titles such as, but not limited to((,)):
Cashiers((,));
Clerks((, or));
Ticket sellers((, may or may not qualify for this
classification)).
This is a restrictive classification; the qualifying factor is that all the conditions of the general reporting rules covering standard exception employees have been met.
4904-13 Clerical office: Insurance companies, agents or
brokers
Applies to clerical office employees of insurance companies, including insurance agents or brokers who perform duties exclusively of clerical nature and without an interchange of labor between clerical and nonclerical duties. This classification is limited to duties defined as:
Assisting walk-in customers;
Handling correspondence such as the preparation of insurance policies and billing;
Maintaining personnel and payroll records;
Performing the necessary computer work;
Responding to telephone inquiries((, assisting walk-in
customers, handling correspondence such as the preparation of
insurance policies and billing,));
Receiving and processing payments and invoices((,
maintaining personnel and payroll records, and performing the
necessary computer work)).
Special note: Individuals performing duties as an agent,
broker, or solicitor (and ((hold)) holding a license as issued
by the office of the insurance commissioner) are exempt from
coverage as specified in RCW 51.12.020(11) and 48.17.010((,
48.17.020, and 48.17.030)). To elect voluntary coverage these
individuals must submit a completed optional coverage form to
the department. In addition, care should be exercised to
determine if the insurance company employs individuals such as
receptionists, bookkeepers, or claims clerks who perform
clerical duties which may include the incidental taking of
insurance applications and receiving premiums in the office of
an agent or broker. Such individuals may or may not hold a
license as issued by the office of the insurance commissioner,
and are not deemed to be a solicitor, agent or broker when
compensation is not related to the volume of such
applications, insurance, or premiums. In these instances, the
clerical individuals fall under mandatory workers'
compensation coverage, and do not meet the requirements to be
exempt from coverage as specified in RCW 51.12.020(11).
4904-17 Clerical office: Employee leasing companies
Applies to clerical office employees of employee leasing companies. This classification requires that clerical office employees perform duties exclusively of a clerical nature, without an interchange of labor between clerical and nonclerical duties, and that these duties be performed in an area or areas separated from the operative hazards of the business. This classification is limited to duties defined as:
Handling correspondence such as preparing and processing billing statements and forms;
Maintaining personnel and payroll records;
Receptionist and administrative duties;
Responding to telephone inquiries((, receptionist and
administrative duties, handling correspondence such as
preparing and processing billing statements and forms,
maintaining personnel and payroll records, and));
Performing the necessary computer entry work.
Special note: This is a standard exception classification and is not to be assigned unless all the conditions of the general reporting rule covering clerical office standard exception employees have been met.
4904-20 Community action organizations - Clerical office
employees
Applies to organizations performing an array of services to support the local community and citizens in need. The services provided by community action organizations include:
After school care;
Alternative schools;
Child care; ((after school care; alternative schools;
in-home chore services;))
Counseling and assistance;
Decent, safe and sanitary living accommodations for low-income or needy citizens;
Drug and alcohol recovery programs;
Employment or independence training((, counseling and
assistance; drug and alcohol recovery programs; decent, safe
and sanitary living accommodations for low-income or needy
citizens));
Food and clothing banks;
In-home chore services;
Meals;
Medical services;
Transitional or emergency housing;
Weatherization((; food and clothing banks; meals;
medical services)).
This classification includes employees whose work duties include administrative office work such as:
Answering phones((,));
Completing correspondence and forms((,));
Reception work((,));
Computer work((,));
Maintaining financial, personnel and payroll
records((,));
Conducting meetings((,));
Providing counseling services within the offices of the organization.
All work is performed exclusively in an office environment where no other types of work are conducted, and the office is separated from any other work activity by walls, partitions, or other physical barriers. Work performed outside of the office is limited to banking or post office type duties performed by workers who qualify for this classification. A worker's reported hours may not be divided between this classification and any other risk classifications.
Excluded from this risk classification are all other employees including:
Administrative employees whose duties are not performed exclusively in an administrative office, who are to be reported in risk classification 5308-20;
Chore workers/home service workers who are to be reported in classification 6511-20;
Employees who perform labor such as food bank operations, driving, weatherization, janitorial, property management, maintenance and repair work which are to be reported in risk classification 1501-20;
Medical, dental or nursing professionals((, and
administrative employees whose duties are not performed
exclusively in an administrative office, who are to be
reported in risk classification 5308-20; chore workers/home
service workers who are to be reported in 6511-20; employees
who perform labor such as food bank operations, driving,
weatherization, janitorial, property management, maintenance
and repair work which are to be reported in risk
classification 1501-20));
Housing authorities which are to be reported in 1501-01 and 5306-26;
Volunteers who are to be reported separately in classification 6901;
Welfare special works programs which are to be reported in 6505;
Work activity centers which are to be reported in
7309((; and volunteers who are to be reported separately in
classification 6901)).
See classifications 1501-20 and 5308-20 for other community action operations.
[Statutory Authority: RCW 51.16.035, 51.16.100, 51.04.020(1). 10-18-024, § 296-17A-4904, filed 8/24/10, effective 10/1/10. Statutory Authority: RCW 51.16.035, 51.16.100, and 2007 c 324. 07-24-045, § 296-17A-4904, filed 12/1/07, effective 1/1/09. 07-01-014, recodified as § 296-17A-4904, filed 12/8/06, effective 12/8/06. Statutory Authority: RCW 51.16.035. 99-18-068, § 296-17-653, filed 8/31/99, effective 10/1/99; 98-18-042, § 296-17-653, filed 8/28/98, effective 10/1/98; 85-24-032 (Order 85-33), § 296-17-653, filed 11/27/85, effective 1/1/86; 85-06-026 (Order 85-7), § 296-17-653, filed 2/28/85, effective 4/1/85; 83-24-017 (Order 83-36), § 296-17-653, filed 11/30/83, effective 1/1/84; Order 73-22, § 296-17-653, filed 11/9/73, effective 1/1/74.]
5301-10 Accounting or bookkeeping services
Applies to establishments engaged in providing general
accounting or bookkeeping services to others. Types of
services contemplated by establishments subject to this
classification include, but are not limited to((, auditing,
tax preparation, medical or dental claims processing and
billing, and/or advisory services. This classification
includes all employments such as, but not limited to, clerical
office, outside sales, and personnel who travel from one
office to another)):
Auditing;
Tax preparation;
Medical or dental claims processing and billing;
Advisory services.
This classification includes:
Clerical office;
Outside sales, and personnel who travel from one office to another.
This classification excludes establishments engaged primarily in management consultant services that are not otherwise classified, which are to be reported separately in classification 5301-12.
Special note: This classification is limited to employers engaged in such services being provided to the general public. This is a services only classification and does not include retailing or store operations, nor is this classification to be assigned to employers setting up separate business operations to manage other commonly owned or operated business undertakings unless coincidentally the other operations are also subject to this classification.
5301-11 Law firms
Applies to establishments engaged in providing legal services to others. Law firms may specialize in one or more areas of law. This classification includes clerical office and outside sales personnel who travel from one office environment to another.
Special note: This is a services only classification and does not include retailing or store operations, nor is this classification to be assigned to employers setting up separate business operations to manage other commonly owned or operated business undertakings unless coincidentally the other operations are also subject to this classification.
5301-12 Management consultant services, N.O.C.
Applies to establishments engaged in providing management
consulting services not covered by another classification
(N.O.C.). Management consultants typically will observe and
analyze ((organizational structures, work processes or work
flows, mail distribution, computer or communication systems,
and planning or development of related business needs)):
Computer or communication systems;
Mail distribution;
Organizational structures;
Planning or development of related business needs;
Work processes or work flows.
After a thorough analysis, consultants usually prepare a
written report for the customer which identifies problem areas
and/or recommends improvements to processes or equipment.
Consultants may remain to oversee the implementation of the
recommended improvements. Consultants subject to this
classification do not sell any product they have recommended
although they may act as an agent for their client in
purchasing the product. Consulting projects vary from client
to client depending upon the contract. Included within this
classification are businesses that provide similar
consultative services such as, but not limited to((,
advertising agencies, employer representative organizations,
public relations companies, mortgage brokers and financial
advisers who do not make purchases on behalf of their
clients)):
Advertising agencies;
Employer representative organizations;
Mortgage brokers and financial advisers who do not make purchases on behalf of their clients;
Public relations companies.
This classification includes clerical office staff, outside sales personnel and other staff who travel from one office to another.
This classification excludes businesses that perform computer consulting for others, which is to be reported in classification 5302.
Special note: This classification is limited to employers engaged in such services being provided to the general public. This is a services only classification and does not include retailing or store operations, nor is this classification to be assigned to employers setting up separate business operations to manage other commonly owned or operated business undertakings unless coincidentally the other operations are also subject to this classification.
5301-13 Credit bureaus; collection agencies
Applies to establishments that are licensed to provide
collection and/or credit investigation services to others.
Services include, but are not limited to((, the collection of
NSF checks or delinquent debts owed to clients of the
collection agency and checking the credit backgrounds of their
client's potential customers.)):
Checking the credit backgrounds of their client's potential customers;
Collection of NSF checks or delinquent debts owed to clients of the collection agency.
If debts are not collected, the service agency may initiate legal proceedings against the debtor. This classification includes clerical office and outside sales personnel, and other staff who travel from one office to another.
This classification excludes establishments engaged in providing process and legal messenger services which are to be reported separately in classification 6601.
5301-14 Employment agencies
Applies to establishments that are licensed to provide employment services for others. Clients of employment agencies may be persons seeking employment or companies looking for employees. Employment agencies usually conduct preliminary interviews with candidates for positions prior to referring them to their client companies for interviews. Generally, establishments subject to this classification place people in permanent positions. This classification includes clerical office and outside sales personnel, and staff who travel from one office to another.
This classification excludes:
Employees of a temporary help agency who are assigned
to work in the administrative or branch offices of the agency
who are to be reported separately in classification 7104
((and));
Employees of a temporary help agency who are assigned on a temporary basis to its customers who are to be reported separately in the appropriate temporary help classification.
5301-15 Court reporting services
Applies to establishments engaged in providing court reporting services to others. Court reporters record verbatim testimony presented in court proceedings, depositions, public hearings or meetings. The most frequently used method to record testimony is by stenotype machine, although it may be recorded by voice recording on audio tape, or by manual shorthand. Transcription of the recorded material may be performed by the court reporter or by "note readers" or typists. The majority of court reporters today use computer-aided transcription systems. Court reporters may also offer notary public services for their clients. This classification includes clerical office and staff who travel from one office to another.
5301-16 Service and professional organizations
Applies to establishments engaged in protecting or
furthering the interest of their members and/or the general
public. Many of these operate as nonprofit organizations.
Service and professional organizations may perform one or many
of the following activities: ((Maintain a membership
directory; collect membership dues; publish a newsletter;
sponsor educational training programs; administer
certification tests; provide job placement assistance; award
scholarships; offer insurance programs; research and interpret
local, state, and federal regulations and apprise members of
the results; manage promotional marketing programs; organize
fund raising campaigns; perform charitable community services;
sponsor athletic leagues and tournaments; host conventions;
disburse funds; perform collective bargaining; arbitrate
disputes; provide counseling, adoption, and advocacy services;
lobby the legislature; compile, review, and disseminate
informational data; operate a tourist information center;
issue vehicle license registrations, plates, decals, and
certificates of title.))
Administer certification tests;
Arbitrate disputes;
Award scholarships;
Collect membership dues;
Compile, review, and disseminate informational data;
Disburse funds;
Host conventions;
Issue vehicle license registrations, plates, decals, and certificates of title;
Lobby the legislature;
Manage promotional marketing programs;
Maintain a membership directory;
Offer insurance programs;
Operate a tourist information center;
Organize fund-raising campaigns;
Perform charitable community services;
Perform collective bargaining;
Provide counseling, adoption, and advocacy services;
Provide job placement assistance;
Publish a newsletter;
Research and interpret local, state, and federal regulations and apprise members of the results;
Sponsor athletic leagues and tournaments;
Sponsor educational training programs.
Also included in this classification are Economic
Development Councils, Boards, or Associations. These
nonprofit organizations provide economic consulting services
and related statistics to government and industry in the
promotion of economic stability, and recruit businesses
((who)) that will create jobs and provide loans from the grant
funds they manage. This classification includes clerical
office and outside sales personnel who travel from one office
environment to another.
This classification excludes ((labor unions and employee
representative associations which are to be reported
separately in classification 6503, and the collection of
donated items by truck which is to be reported separately in
classification 1101)):
Collection of donated items by truck which is to be reported separately in classification 1101;
Labor unions and employee representative associations which are to be reported separately in classification 6503.
Special note: If a charitable organization subject to classification 5301 operates a retail store for the sale of donated items, the collection of those items by truck, and all store operations, are to be reported separately in classification 6504.
5301-18 Telephone answering services
Applies to establishments engaged in providing telephone
answering services for others. Customers include, but are not
limited to((, medical professionals, attorneys, private
businesses, and individuals)):
Attorneys;
Medical professionals;
Private businesses;
Individuals.
Most answering services today use computerized
communications systems to identify company names when
answering calls for various companies, obtain correct
information about the company to respond to questions, record
and relay accurate messages in a timely manner. Related
services often offered by telephone answering service
companies include, but are not limited to((, voice mail or
paging, rental of office space, telemarketing, dispatching,
monitoring alarm systems, placing reminder calls, and
scheduling appointments for customers)):
Dispatching;
Monitoring alarm systems;
Placing reminder calls;
Rental of office space;
Scheduling appointments for customers;
Telemarketing;
Voice mail or paging.
This classification includes clerical office personnel and staff who travel from one office to another.
5301-19 Travel agencies
Applies to establishments engaged in providing travel
arrangement services for others. Travel agencies coordinate
all types of travel arrangements for their clients through
((air, cruise, train, or bus lines, hotels, motels, or
resorts, car rental agencies, travel insurance companies, and
related travel providers)):
Air;
Bus lines;
Car rental agencies;
Cruise;
Hotels;
Motels;
Related travel providers;
Resorts;
Train;
Travel insurance companies.
Services vary and could include ((delivery of tickets and
itineraries to clients, booking reservations and selling
tickets for tours, excursions, or other entertainment events,
or arrangement of special needs for disabled or elderly
travelers)):
Arrangement of special needs for disabled or elderly travelers;
Booking reservations;
Delivery of tickets and itineraries to clients;
Selling tickets for tours, excursions, or other entertainment events.
This classification includes clerical office and sales staff who travel from one office to another.
5301-21 Word processing or secretarial services
Applies to establishments engaged in providing word
processing or secretarial services to others. Services
include, but are not limited to((, desktop publishing,
dictation and transcription services, typing/compiling
reports, proposals, resumes, or correspondence, sending faxes,
and making copies of documents)):
Desktop publishing;
Dictation and transcription services;
Making copies of documents;
Typing/compiling reports, proposals, resumes, or correspondence;
Sending faxes.
A pickup and delivery service may be offered. This classification includes clerical office and outside sales personnel who travel from one office environment to another.
Special note: This classification is limited to employers engaged in such services being provided to the general public. This is a services only classification and does not include retailing or store operations, nor is this classification to be assigned to employers setting up separate business operations to manage other commonly owned or operated business undertakings unless coincidentally the other operations are also subject to this classification.
[Statutory Authority: RCW 51.16.035, 51.16.100, and Title 51 RCW. 09-20-039, § 296-17A-5301, filed 9/30/09, effective 1/1/10. 07-01-014, recodified as § 296-17A-5301, filed 12/8/06, effective 12/8/06. Statutory Authority: RCW 51.16.035, 51.16.100. 06-12-075, § 296-17-677, filed 6/6/06, effective 7/7/06. Statutory Authority: RCW 51.04.020, 51.16.035, and 51.12.120. 03-23-025, § 296-17-677, filed 11/12/03, effective 1/1/04. Statutory Authority: RCW 51.16.035. 98-18-042, § 296-17-677, filed 8/28/98, effective 10/1/98; 96-12-039, § 296-17-677, filed 5/31/96, effective 7/1/96. Statutory Authority: RCW 51.04.020(1) and 51.16.035. 89-24-051 (Order 89-22), § 296-17-677, filed 12/1/89, effective 1/1/90. Statutory Authority: RCW 51.16.035. 88-12-050 (Order 88-06), § 296-17-677, filed 5/31/88, effective 7/1/88; 86-12-041 (Order 86-18), § 296-17-677, filed 5/30/86, effective 7/1/86; 85-24-032 (Order 85-33), § 296-17-677, filed 11/27/85, effective 1/1/86; 85-06-026 (Order 85-7), § 296-17-677, filed 2/28/85, effective 4/1/85; 83-24-017 (Order 83-36), § 296-17-677, filed 11/30/83, effective 1/1/84; 82-24-047 (Order 82-38), § 296-17-677, filed 11/29/82, effective 1/1/83. Statutory Authority: RCW 51.04.020(1) and 51.16.035. 78-12-043 (Order 78-23), § 296-17-677, filed 11/27/78, effective 1/1/79; Order 75-38, § 296-17-677, filed 11/24/75, effective 1/1/76; Order 73-22, § 296-17-677, filed 11/9/73, effective 1/1/74.]
5308-20 Community action organizations - Professional services
and administrative employees
Applies to organizations performing an array of services
to support the local community and citizens in need. The
services provided by community action organizations include:
((Child care; after school care; alternative schools; in-home
chore services; employment or independence training,
counseling and assistance; drug and alcohol recovery programs;
decent, safe and sanitary living accommodations for low-income
or needy citizens; transitional or emergency housing;
weatherization; food and clothing banks; meals; medical
services.))
After school care;
Alternative schools;
Child care;
Decent, safe and sanitary living accommodations for low-income or needy citizens;
Drug and alcohol recovery programs;
Employment or independence training, counseling and assistance;
Food and clothing banks;
In-home chore services;
Meals;
Medical services;
Transitional or emergency housing;
Weatherization.
This classification applies to professional services and
administrative employees. Work duties in this classification
are not performed exclusively in an administrative office
environment. Travel may be necessary to perform work at an
alternate work site for appointments with clients, patients,
meetings, presentations, agency promotions, or other required
out-of-office administrative type work. Work performed in
this classification may include, but is not limited to((,
counselors or educators for various programs, medical, dental
and nursing services; child care professionals or teachers,
program coordinators and directors. Also included are
estimators and project managers who do not supervise a work
crew or perform any type of labor)):
Child care professionals or teachers;
Counselors or educators for various programs;
Estimators and project managers who do not supervise a work crew or perform any type of labor;
Medical, dental and nursing services;
Program coordinators and directors.
Excluded from this risk classification is any manual labor or supervision of a work crew that performs manual labor, construction or maintenance work, work in a food bank, delivery, or other similar work which is to be reported in risk classification 1501-20; chore workers/home service workers who are to be reported in 6511-20; office employees who work exclusively in an administrative office environment who are to be reported in risk classification 4904-20; housing authorities which are to be reported in 1501-01 and 5306-26; welfare special works programs which are to be reported in 6505; work activity centers which are to be reported in 7309; and volunteers who are to be reported in risk classification 6901.
See classifications 1501-20 and 4904-20 for other community action operations.
Note: Businesses providing one of the services described in this class are to be assigned the classification applicable to the service provided. If all conditions of the general reporting rules have been met, standard exception classifications may apply.
[Statutory Authority: RCW 51.16.035, 51.16.100, 51.04.020(1). 10-18-024, § 296-17A-5308, filed 8/24/10, effective 10/1/10. Statutory Authority: RCW 51.16.035, 51.16.100, and 2007 c 324. 07-24-045, § 296-17A-5308, filed 12/1/07, effective 1/1/09.]
6103-01 Schools: Academic, K-12 - Clerical office, sales
personnel, teachers, N.O.C. and administrative employees
Applies to clerical office, sales personnel and administrative employees such as principals, assistant principals, receptionists, secretaries, counselors, school nurses, payroll and bookkeeping personnel, and teachers or teachers' aides of establishments engaged in operating public or private academic school facilities, K-12 (kindergarten level through grade 12) and the state schools for the blind and deaf.
This classification excludes all other types of employees in connection with the school facilities such as, but not limited to, cooks, bus drivers, custodians, maintenance personnel and grounds keepers, and teachers or teachers' aides who are exposed to machinery hazards such as a wood shop, metal shop, print shop, auto shop, and driver training instructors who are to be reported separately in classification 6104.
6103-02 Schools: Trade or vocational - Clerical office, sales
personnel, teachers, N.O.C. and administrative employees
Applies to clerical office, sales personnel and administrative employees such as deans, directors, assistant directors, receptionists, secretaries, counselors, payroll and bookkeeping personnel, and professors or instructors of establishments engaged in operating trade or vocational school facilities. These types of schools provide specialized training and instruction to prepare students for occupations in the chosen fields. Often these facilities will coordinate on-the-job training with employers as well as assist students in finding employment.
This classification excludes all other types of employees in connection with the school facilities such as, but not limited to, cooks, drivers, custodians, maintenance personnel and grounds keepers, and professors or instructors who are exposed to machinery hazards such as a wood shop, metal shop, print shop and auto shop who are to be reported separately in classification 6104.
6103-03 Libraries, N.O.C. - Clerical office, sales personnel,
teachers, N.O.C. and administrative employees
Applies to clerical office, sales personnel and administrative employees such as librarians, assistant librarians, receptionists, secretaries, and payroll and bookkeeping personnel of establishments engaged in operating library facilities not covered by another classification (N.O.C.). These types of facilities maintain a wide selection of reading materials such as books, journals, articles, magazines, publications, newspapers, and audio-visual or micrographic materials.
This classification excludes all other types of employees such as, but not limited to, custodians, maintenance personnel and grounds keepers, drivers, and storage room workers who are to be reported separately in classification 6104.
6103-04 Churches - Clerical office, sales personnel, teachers,
N.O.C. and administrative employees
Bell ringers
Applies to clerical office, sales personnel and administrative employees such as pastors, priests, reverends, clergymen, ushers, receptionists, secretaries, counselors, payroll and bookkeeping personnel, and instructors of establishments engaged in operating church facilities for members of a religious congregation to meet and worship on a daily or weekly basis. Other services provided include, but are not limited to, sermons, rites, counseling, baptisms, weddings, funerals, bible school, and child care during church services and events. When a church is also operating a school facility, the church classifications are to be assigned for both operations. This classification also applies to bell ringers for charitable organizations.
This classification excludes all other types of employees in connection with the church facilities such as, but not limited to, custodians, maintenance personnel and grounds keepers, and drivers who are to be reported separately in classification 6104.
6103-05 Museums, N.O.C. - Clerical office, sales personnel,
teachers, N.O.C. and administrative employees
Applies to clerical office, sales personnel and administrative employees such as directors, assistant directors, buyers, coordinators, tour guides, receptionists, secretaries, and payroll and bookkeeping personnel of establishments engaged in operating museum facilities not covered by another classification (N.O.C.). Museums maintain a wide variety of artifacts, art, statues, sculptures, and other exhibit works.
This classification excludes all other types of employees such as, but not limited to, custodians, maintenance personnel and grounds keepers (including exhibit set-up), drivers, packers, and warehousemen who are to be reported separately in classification 6104.
6103-06 Day nurseries or child day care centers - Clerical
office, sales personnel, teachers, N.O.C. and administrative
employees
Applies to clerical office, sales personnel, and administrative employees such as teachers, teachers' aides and nurses of establishments engaged in operating day nurseries or day care centers for infants, toddlers, and children, or in providing baby-sitting services. Employees will instruct children in activities designed to promote social, physical, and intellectual growth in preparation for primary school. Most day care centers provide breakfast and lunch.
This classification excludes all other types of employees such as, but not limited to, custodians, cooks (see special note below), maintenance personnel and grounds keepers, and drivers who are to be reported separately in classification 6104.
Special note: This classification allows preparation, service, and clean up associated with a snack menu in facilities with a refrigerator and/or microwave oven. Snacks, such as crackers, fruits, and prepackaged foods may be prepared and served. Preparation, service, and clean up associated with a full menu using ovens are to be reported in classification 6104-06. If required records are maintained, employees who have duties that fall into classifications 6103 and 6104 may split hours between the classifications. If these records have not been maintained, all hours must be reported in classification 6104.
6103-10 Flight instructions - Clerical office, sales
personnel, classroom teachers, N.O.C. and administrative
employees
Applies to clerical office, sales personnel, classroom instructors, and administrative employees of establishments engaged in providing classroom instruction to student pilots in flight procedures and techniques. Flight instructors explain various aircraft components and instruments for controlling aircraft during maneuvers, and, using flight simulators, demonstrate procedures such as, but not limited to, take-offs and landings.
This classification excludes all other types of employees such as, but not limited to, custodians, maintenance personnel and grounds keepers and drivers who are to be reported separately in classification 6104 and in-air flight instructors outside the classroom who are to be reported separately in the classification 6803.
Special note: Reporting rules are outlined in the division of worker hours provision in the general rules.
6103-11 Schools: N.O.C. - Clerical office, sales personnel,
classroom teachers, N.O.C. and administrative employees
Applies to classroom instructors, clerical office, sales personnel and administrative employees such as directors and assistant directors, coordinators, instructors, receptionists, secretaries, counselors, payroll and bookkeeping personnel of establishments engaged in providing specialized classroom instruction to students in schools which are not covered by another classification (N.O.C.). Schools include, but are not limited to, dance, modeling, music, driving, cooking, first aid, and schools for coaches. Modeling and dance schools emphasize poise, balance, facial gestures, self-confidence, and counseling in wardrobe and make-up. Music schools emphasize the disciplines of playing various instruments. Driving schools concentrate on the rules, principles, and coordination needed to drive safely, using textbooks, audiovisuals, and driving simulators.
This classification excludes all other types of employees in connection with the specialized school facilities such as, but not limited to, custodians, maintenance personnel, grounds keepers, and ballet dancers and instructors who perform activities not as part of a classroom environment who are to be reported separately in classification 6104 and driving instructors outside of the classroom who are to be reported separately in classification 6301.
6103-12 Officials for amateur athletic or cultural events,
N.O.C. ((- clerical office, teachers, N.O.C.)) and
administrative employees
Applies to ((clerical office employees,)) administrative
employees((,)) and event officials of establishments engaged
in providing officials such as, but not limited to, umpires or
referees for amateur athletic or cultural events sponsored by
schools or communities. Events include, but are not limited
to, sports, spelling bees, debates, and musical competitions.
6103-13 Longshore and stevedore trainees, N.O.C
Applied to clerical office employees, administrative employees, and stevedore trainees of an establishment engaged in training longshore and stevedore trainees in a classroom environment.
Special note: Any longshore or stevedore activities conducted outside of the classroom on a dock, or ship, or adjacent to navigable waters will almost always be covered by the Longshore Harbor Workers' Compensation Act (LHWCA) and will not be covered by the state fund.
[Statutory Authority: RCW 51.16.035, 51.16.100, 51.04.020(1), and Title 51 RCW. 09-16-107, § 296-17A-6103, filed 8/4/09, effective 1/1/10. 07-01-014, recodified as § 296-17A-6103, filed 12/8/06, effective 12/8/06. Statutory Authority: RCW 51.16.035, 51.16.100. 06-12-075, § 296-17-680, filed 6/6/06, effective 7/7/06; 05-23-161, § 296-17-680, filed 11/22/05, effective 1/1/06. Statutory Authority: RCW 51.04.020, 51.16.035, and 51.12.120. 03-23-025, § 296-17-680, filed 11/12/03, effective 1/1/04. Statutory Authority: RCW 51.16.035. 98-18-042, § 296-17-680, filed 8/28/98, effective 10/1/98; 96-12-039, § 296-17-680, filed 5/31/96, effective 7/1/96; 88-12-050 (Order 88-06), § 296-17-680, filed 5/31/88, effective 7/1/88; 87-12-032 (Order 87-12), § 296-17-680, filed 5/29/87, effective 7/1/87; 85-24-032 (Order 85-33), § 296-17-680, filed 11/27/85, effective 1/1/86; 85-06-026 (Order 85-7), § 296-17-680, filed 2/28/85, effective 4/1/85; 83-24-017 (Order 83-36), § 296-17-680, filed 11/30/83, effective 1/1/84; Order 73-22, § 296-17-680, filed 11/9/73, effective 1/1/74.]
6104-01 Schools: Academic, K-12 - All other employments,
N.O.C.
Applies to all other employees of public or private academic schools K-12 (kindergarten level through grade 12) and the state schools for the blind and deaf. All other in this classification is defined as employees such as, but not limited to, cooks, bus drivers, custodians, maintenance personnel and grounds keepers, and teachers or teachers' aides who are exposed to machinery hazards such as wood shop, metal shop, print shop, auto shop, and driver instructors.
This classification excludes clerical office, sales personnel and administrative employees such as principals, assistant principals, receptionists, secretaries, counselors, payroll and bookkeeping personnel, and teachers or teachers' aides who have no exposure to machinery hazards who are to be reported separately in classification 6103.
6104-02 Schools: Trade or vocational - All other employments,
N.O.C.
Applies to all other employees of trade or vocational schools. All other in this classification is defined as employees such as, but not limited to, cooks, drivers, driving instructors, custodians, maintenance personnel and grounds keepers, and teachers and teachers' aides who are exposed to machinery hazards such as, but not limited to, those in wood shop, metal shop, automotive shops, and plumbing or electrical work. Vocational or trade schools provide specialized training and instruction to prepare students for occupations in their chosen field. Often these facilities will coordinate on-the-job training and assist students in finding employment.
This classification excludes clerical office, sales personnel and administrative employees such as deans, directors, assistant directors, receptionists, secretaries, counselors, payroll and bookkeeping personnel and teachers or teachers' aides who have no exposure to machinery hazards who are to be reported separately in classification 6103.
6104-03 Libraries, N.O.C. - All other employments, N.O.C.
Applies to all other employees of library facilities which are not covered by another classification (N.O.C.). All other in this classification is defined as employees such as, but not limited to, custodians, maintenance personnel and grounds keepers, drivers, and storage room workers. Libraries maintain a wide selection of reading materials such as books, journals, articles, magazines, publications, newspapers, and audio-visual or micrographic materials.
This classification excludes clerical office, sales personnel and administrative employees such as librarians, assistant librarians, receptionists, secretaries, and payroll and bookkeeping personnel who are to be reported separately in classification 6103.
6104-04 Churches - All other employments, N.O.C.
Applies to all other employees of churches. All other in this classification is defined as employees such as, but not limited to, custodians, maintenance personnel, grounds keepers, and drivers. Services offered by a church include, but are not limited to, providing a place for members of a religious congregation to meet and worship on a daily or weekly basis, sermons, rites, counseling, baptisms, weddings, funerals, bible school, child care during church services and events.
This classification excludes clerical office, sales personnel and administrative employees such as pastors, priests, reverends, clergymen, ushers, receptionists, secretaries, counselors, payroll and bookkeeping personnel, and instructors who are to be reported separately in classification 6103.
6104-05 Museums, N.O.C - All other employments, N.O.C.
Applies to all other employees of establishments engaged in operating museum facilities not covered by another classification (N.O.C.). All other in this classification is defined as employees such as, but not limited to, custodians, maintenance personnel and grounds keepers (including exhibit set-up), drivers, packagers, and warehousemen. Museums maintain a wide selection of artifacts, art, statues, sculptures, and other exhibit works.
This classification excludes clerical office, sales personnel and administrative employees such as museum directors, assistant museum directors, buyers, coordinators, tour guides, receptionists, secretaries, and payroll and bookkeeping personnel who are to be reported separately in classification 6103.
6104-06 Day nurseries or child day care centers - All other
employments, N.O.C.
Applies to all other employees of establishments engaged in operating day nurseries or day care centers for infants, toddlers, and children, which provide activities to promote social, physical, and intellectual growth in preparation for primary school. All other in this classification is defined as employees such as, but not limited to, custodians, cooks, maintenance personnel and grounds keepers, and drivers.
This classification excludes clerical office, sales personnel and administrative employees such as principals, receptionists, secretaries, counselors, payroll and bookkeeping personnel, and teachers or teachers' aides who are to be reported separately in classification 6103.
Special note: This classification allows preparation, service, and clean up associated with a full menu using ovens. Preparation, service, and clean up associated with a snack menu (such as crackers, fruits, and prepackaged foods) using a refrigerator and/or microwave oven, may be reported in classifications 6103-06. If required records are maintained, employees who have duties that fall into classifications 6103 and 6104 may split hours between the classifications. If these records have not been maintained, all hours must be reported in classification 6104.
6104-11 Schools: N.O.C - All other employments, N.O.C.
Applies to all other employees of establishments engaged in providing specialized classroom instruction to students in schools which are not covered by another classification (N.O.C.) such as, but not limited to, dance, modeling, music, cooking, first aid, and schools for coaches. All other in this classification is defined as employees such as, but not limited to, custodians, maintenance personnel and grounds keepers, and instructors or teachers or dancers including ballet dancers who perform activities not as part of a classroom environment or who are exposed to machinery hazards.
This classification excludes administrative employees such as directors and assistant directors, coordinators, receptionists, secretaries, counselors, payroll and bookkeeping personnel, and classroom instructors, who are to be reported separately in classification 6103 and driving instructors outside of the classroom who are to be reported separately in classification 6301.
[07-01-014, recodified as § 296-17A-6104, filed 12/8/06, effective 12/8/06. Statutory Authority: RCW 51.16.035, 51.16.100. 06-12-075, § 296-17-681, filed 6/6/06, effective 7/7/06; 05-23-161, § 296-17-681, filed 11/22/05, effective 1/1/06. Statutory Authority: RCW 51.04.020, 51.16.035, and 51.12.120. 03-23-025, § 296-17-681, filed 11/12/03, effective 1/1/04. Statutory Authority: RCW 51.16.035. 98-18-042, § 296-17-681, filed 8/28/98, effective 10/1/98; 96-12-039, § 296-17-681, filed 5/31/96, effective 7/1/96; 87-12-032 (Order 87-12), § 296-17-681, filed 5/29/87, effective 7/1/87; 85-24-032 (Order 85-33), § 296-17-681, filed 11/27/85, effective 1/1/86; 85-06-026 (Order 85-7), § 296-17-681, filed 2/28/85, effective 4/1/85; 83-24-017 (Order 83-36), § 296-17-681, filed 11/30/83, effective 1/1/84; Order 73-22, § 296-17-681, filed 11/9/73, effective 1/1/74.]
6303-00 Outside sales personnel, N.O.C.; messengers
Applies to those employees whose job duties and work environment meet all the conditions of the general reporting rules covering outside sales personnel, and who are not covered by another classification (N.O.C.) assigned to the employer's account. Duties of outside sales personnel contemplated by this classification are limited to soliciting new customers by telephone or in person, showing, selling, and explaining products or services in a showroom or other location, servicing existing accounts, completing correspondence, placing orders, performing public relations duties, and estimating. Duties of messengers are limited to delivering interoffice mail, making deposits, and similar duties that are exclusively for the administration of the employer's business.
This classification excludes the delivery of products or merchandise or the stocking of shelves which is to be reported separately as applicable; the demonstration or delivery of machinery or equipment which are to be reported separately as applicable, establishments engaged as collection agencies or public relations agencies which are to be reported separately in classification 5301; sales personnel engaged in home or door-to-door sales which are to be reported in classification 6309; establishments engaged in providing inspection and valuations exclusively for insurance companies which are to be reported separately in classification 4903; establishments engaged in process and legal messenger services which are to be reported separately in classification 6601.
Special note: When considering this classification care must be taken to look beyond titles of employees. Employees with occupational titles such as, but not limited to, collectors, counselors, consultants, or appraisers may or may not qualify for this classification. This is a restrictive classification; the qualifying factor is that all the conditions of the general reporting rules covering standard exception employees have been met.
6303-03 Insurance sales personnel and claims adjusters
Applies to insurances sales personnel and claims adjustors with outside duties. Duties of employees subject to this classification are limited to selling insurance policies at their place of business or at the client's home, or going to the scene of an accident or catastrophe to assess damage. Work may be performed within an office or away from the employer's premises.
Special note: Individuals performing duties as an agent,
broker, or solicitor (and who hold a license as issued by the
office of the insurance commissioner) are exempt from coverage
as specified in RCW 51.12.020(11) and 48.17.010((, 48.17.020,
and 48.17.030)). To elect voluntary coverage these
individuals must submit a completed optional coverage form to
the department.
6303-21 Home health care services: Social workers and
dietitians
Applies to social workers and dietitians employed by home
health care service establishments who provide care for
handicapped individuals. Duties of these employees include
teaching physically or developmentally disabled individuals in
their own home to manage daily living skills such as caring
for themselves, dressing, cooking, shopping, and going to the
doctor. This classification also includes dietitians,
sometimes called nutritionists, who usually are referred to
patients by their physicians. The dietitian assesses the
patient's current nutritional status, including current food
intake, medical background, family history, currently
prescribed medications, and social and psychological needs,
then develops((,)) a food plan to meet the patient's needs. Employees subject to this classification do no cooking.
This classification excludes nursing and home health care services which are to be reported separately in classification 6110; therapy services which are to be reported separately in classification 6109; domestic servants who are to be reported separately in classification 6510; and chore workers who are to be reported separately in classification 6511.
Special note: This is a restrictive classification; the qualifying factor is that all the conditions of the general reporting rules covering standard exception employees have been met. This classification is not to be assigned to any account that does not also have classification 6110 and/or 6511.
[Statutory Authority: RCW 51.16.035, 51.16.100, 51.04.020(1). 10-18-024, § 296-17A-6303, filed 8/24/10, effective 10/1/10. Statutory Authority: RCW 51.16.035, 51.16.100, and Title 51 RCW. 09-20-039, § 296-17A-6303, filed 9/30/09, effective 1/1/10. 07-01-014, recodified as § 296-17A-6303, filed 12/8/06, effective 12/8/06. Statutory Authority: RCW 51.16.035, 51.16.100. 05-23-161, § 296-17-698, filed 11/22/05, effective 1/1/06. Statutory Authority: RCW 51.04.020, 51.16.035, and 51.12.120. 03-23-025, § 296-17-698, filed 11/12/03, effective 1/1/04. Statutory Authority: RCW 51.16.035. 99-18-068, § 296-17-698, filed 8/31/99, effective 10/1/99; 98-18-042, § 296-17-698, filed 8/28/98, effective 10/1/98; 85-24-032 (Order 85-33), § 296-17-698, filed 11/27/85, effective 1/1/86; 85-06-026 (Order 85-7), § 296-17-698, filed 2/28/85, effective 4/1/85; 83-24-017 (Order 83-36), § 296-17-698, filed 11/30/83, effective 1/1/84. Statutory Authority: RCW 51.04.030 and 51.16.035. 79-12-086 (Order 79-18), § 296-17-698, filed 11/30/79, effective 1/1/80; Order 76-36, § 296-17-698, filed 11/30/76; Order 73-22, § 296-17-698, filed 11/9/73, effective 1/1/74.]
This classification applies to specialty retail store
operations engaged primarily in the sale of a wide variety of
products ranging from collectibles such as stamps, coins,
sports cards, and dolls to table top appliances such as
portable televisions, blenders, mixers and toasters. This
classification is comprised of subclassifications that cover a
specific type of retail store operation. One of the
subclassifications applies to the sale of products which are
not covered by another classification. Although the products
sold by establishments subject to this classification will
vary by each subclassification, the overall operational
activities are similar. Each business covered by this
classification will generally employ cashiers and merchandise
stockers, as well as other occupations of workers.
Special note: This classification excludes all repair operations unless it is specifically included in the classification, delivery service, outside installation work, and lunch counters and restaurants which are to be reported separately in the classification applicable to the work or service being performed.
Clerical office and outside sales employees may be reported separately provided all the conditions of the general reporting rules covering standard exception employees have been met.
6406-00 Retail stores, N.O.C.
Applies to establishments engaged in the retail sale of
merchandise or services not covered by another classification
(N.O.C.). Merchandise includes, but is not limited to,
greeting cards, costume jewelry, scarves, tropical fish and
birds and related fish or bird supplies, table top appliances
such as mixers, blenders, microwave ovens, or table top
satellite receiving units, ((quick print)) copy or fax
services and related specialty items or services. This
classification also applies to establishments that provide
inventory services for other businesses.
This classification excludes pet stores that sell dogs or cats and establishments engaged in pet grooming services which are to be reported separately in classification 7308; pet food stores which are to be reported separately in classification 6403; and offset, cold press and similar printing operations which are to be reported separately in classification 4101.
Special note: Refer to classification 6406 general description at the beginning of this rule for operations excluded from this classification.
6406-01 Stores: Camera or photography supply - Retail
Applies to establishments engaged in the retail sale of cameras and photography and dark room supplies such as, but not limited to, batteries, film, processing trays, chemicals, print paper, enlargers, and timers. It is common for these establishments to offer film developing services which may be either a one-hour service or an overnight process. Both types of film developing services are included in this classification when conducted in connection with a camera and photography supply store. This classification is distinguishable from classification 6506 in that establishments covered in classification 6506 are not engaged in the sale of cameras or photo developing equipment.
Special note: Refer to classification 6406 general description at the beginning of this rule for operations excluded from this classification.
6406-03 News and magazine stands - Retail
Applies to establishments engaged in the retail sale of newspapers and magazines. Establishments subject to this classification may sell newspapers or magazines from various locations such as, but not limited to, stands at public markets, store operations in malls, or from a street corner.
Special note: Refer to classification 6406 general description at the beginning of this rule for operations excluded from this classification.
6406-09 Arcades: Coin or token operated
Applies to establishments engaged in operating coin- or token-operated arcades. This classification covers attendants, change makers, and security personnel who monitor the game rooms and make change. Attendants may remove tokens and money from machines and may perform minor adjustments such as resetting a jarred machine.
This classification excludes the installation, removal or repair of machines which is to be reported separately in classification 0606.
Special note: Refer to classification 6406 general description at the beginning of this rule for operations excluded from this classification.
6406-11 Stores: Office stationery and machinery - Retail
Applies to establishments engaged in the retail sale of office stationery, supplies, and/or machinery. For purposes of this classification "office stationery and supplies" includes, but is not limited to, paper, writing tablets, computer software, pens, pencils, markers, staples, staplers, scissors, paper clips, and binders. "Office machinery or business machinery" includes, but is not limited to, calculators, typewriters, various types of copy machines, fax machines, and desk top and lap top computers.
This classification excludes service and repair of office/business machines which is to be reported separately in classification 4107 and establishments engaged in sale of office furniture which are to be reported separately in classification 6306.
Special note: Refer to classification 6406 general description at the beginning of this rule for operations excluded from this classification.
6406-12 Stores: Fabric, yardage, yarn and needlework supplies - Retail
Applies to establishments engaged in the retail sale of fabric, yardage, yarn and needlework supplies. It is common for establishments subject to this classification to have a small inventory of noncommercial/industrial sewing machines and sergers for sale in addition to fabric, sewing notions, patterns, and related supplies. Fabric and yarn stores may also offer sewing and craft classes which are included in this classification when taught by employees of an employer subject to this classification. This classification is distinguishable from sewing machine stores in classification 6309 in that the principle products sold in classification 6406 are fabric and sewing notions while sewing machine stores are not engaged in the sale of fabric or yardage.
Special note: Refer to classification 6406 general description at the beginning of this rule for operations excluded from this classification.
6406-14 Stores: Wind or string musical instruments - Retail
Applies to establishments engaged in the retail sale of musical instruments such as, but not limited to, drums, wind instruments, guitars, and banjos. This classification includes music lessons when provided by employees of an employer subject to this classification and includes minor adjustment services such as replacing a drum skin or a broken string on a guitar.
This classification excludes the repair of wind and string musical instruments which is to be reported separately in the applicable repair classification; establishments engaged in the repair of pianos which are to be reported separately in classification 2906; and establishments engaged in the sale of pianos and organs which are to be reported separately in classification 6306.
Special notes: Classification 6406 does not apply to any
establishments that sell((s)) pianos or organs in addition to
wind or string instruments. Refer to classification 6406
general description at the beginning of this rule for
operations excluded from this classification.
6406-16 Stores: Drug - Retail
Applies to establishments engaged in the retail sale of prescription and nonprescription drugs and/or nutritional supplements such as, but not limited to, vitamins, herbal compounds, and energy bars. Drug stores subject to this classification may also carry a variety of personal care and grooming products and may rent crutches, canes, wheel chairs, and walkers.
This classification excludes establishments engaged in the sale and/or rental of hospital beds, motorized wheel chairs, and other patient appliances which are to be reported separately in classification 6306, and establishments engaged in the sale/rental and service (repair) of motorized mobility aids such as wheelchairs and 3-wheel scooters which are to be reported separately in classification 3309.
Special note: Refer to classification 6406 general description at the beginning of this rule for operations excluded from this classification.
6406-17 Stores: Variety - Retail
Applies to establishments engaged in the retail sale of a variety of consumer goods such as, but not limited to, housewares, linens, clothing, toys, and candy. In earlier years establishments subject to this classification were often referred to as "5 and 10 cent stores." Although these stores carry much of the same merchandise as a department store, they are distinguishable in that variety stores are not comprised of specialized departments and do not generally carry the quantity/assortment of products that department stores do.
Special note: Refer to classification 6406 general description at the beginning of this rule for operations excluded from this classification.
6406-18 Private mail box; safety deposit box; computer tape
storage facilities - Rent or lease
Applies to establishments engaged in renting or leasing private mail boxes, safety deposit boxes, or computer and financial record storage facilities. Establishments subject to this classification will operate a secured facility where they receive and sort their customers' mail, parcels and packages from the U.S. Post Office or other parcel/package delivery companies, and package articles for shipment for their customers. They also provide a secured storage facility equipped with safety deposit boxes which they rent out on a short or long term basis. It is common for these establishments to offer additional services such as fax, and copying services.
Special note: Refer to classification 6406 general description at the beginning of this rule for operations excluded from this classification.
6406-19 Stores: Coins, stamps, baseball cards, and comic
books - Retail
Applies to establishments engaged in the retail sale of coins, stamps, baseball cards, comic books, and similar collectibles. Establishments subject to this classification may be engaged exclusively in mail order sales, sell from browse tables at collectible or trade shows, through specialty auctions, or may sell from a store location. Coin and stamp stores routinely sell magazines, periodicals, and supplies that cater to collections or hobbies. Card shops routinely sell other sports memorabilia such as autographed baseballs, footballs and basketballs, framed pictures, POGS and buttons.
Special note: Refer to classification 6406 general description at the beginning of this rule for operations excluded from this classification.
6406-20 Stores: Book, record, cassette, compact disc, and
video - Retail
Applies to establishments engaged in the retail sale or rental of new or used books, records, cassettes, compact discs or videos. Establishments subject to this classification may be engaged exclusively in mail order sales, sell from browse tables or trade shows, through specialty auctions or may sell from a store location.
Special note: Refer to classification 6406 general description at the beginning of this rule for operations excluded from this classification.
6406-23 Stores: Candy - Retail
Applies to establishments engaged in the retail sale of packaged and unpackaged candy they have purchased from others.
This classification excludes establishments engaged in the on-premise manufacture of candy and the subsequent retail sale of these products which are to be reported separately in classification 3905; and establishments engaged in the manufacture of candy or confections for wholesale to retail establishments or distributors which are to be reported separately in classification 3906.
Special note: Refer to classification 6406 general description at the beginning of this rule for operations excluded from this classification.
6406-24 Stores: Cigarette and tobacco - Retail
Applies to establishments engaged in the retail sale of cigarettes, tobacco, and related products such as, but not limited to, pipes, pipe cleaning supplies, rolling machines, cigarette papers, lighters, lighter fluid, and cigarette cases.
Special note: Refer to classification 6406 general description at the beginning of this rule for operations excluded from this classification.
6406-25 Stores: Telephones - Retail
Applies to establishments engaged in the retail sale of telephones, pagers, and cell phones. Establishments subject to this classification are not a utility company in that they do not operate telephone exchanges and are not regulated by the utilities and transportation commission of Washington. Their operations are limited to the sale of communication hardware. Stores subject to this classification may arrange activation and service for their customer, or the customer may contact the service provider directly.
Special note: Refer to classification 6406 general description at the beginning of this rule for operations excluded from this classification.
6406-27 Stores: Stereo components - Retail
Applies to establishments engaged in the retail sale of stereo components. Establishments subject to this classification will sell a variety of audio and video appliances such as, but not limited to, video players, stereos and portable televisions. These establishments may also sell and install automobile stereo speaker systems and car phone systems; however, the installation is not covered in classification 6406-27.
This classification excludes the installation, service or repair of home or car stereos and car phone systems which are to be reported separately in classification 0607, and establishments engaged in the sale of stereo and television console sets, big screen televisions, or other major appliances which are to be reported separately in classification 6306.
Special note: Classification 6306 applies to any establishment that sells TV console sets or big screen TVs, even if the majority of their inventory is stereo components and/or portable TVs. Refer to classification 6406 general description at the beginning of this rule for operations excluded from this classification.
6406-29 Stores: Toys - Retail
Applies to establishments engaged in the retail sale of a variety of toys, games, and related items for persons of all ages. Merchandise includes, but is not limited to, video games, tricycles or bicycles, books, dolls and stuffed animals, outdoor play equipment, and specialty clothing.
This classification excludes establishments engaged in the retail sale of sporting goods and bicycles which are to be reported separately in classification 6309. This classification is distinguishable from businesses in classification 6309 in that the principle products of stores subject to classification 6406 are toys and games, as compared to stores in classification 6309 which are primarily engaged in the sales of sporting goods and bicycles.
Special note: Refer to classification 6406 general description at the beginning of this rule for operations excluded from this classification.
6406-30 Stores: Cosmetics - Retail
Applies to establishments engaged in the retail sale of cosmetics and fragrances. Related services usually offered by these types of stores include consultations with clients regarding make-up techniques, styles, and colors.
This classification excludes hair and nail salons which are to be reported separately in classification 6501.
Special note: Refer to classification 6406 general description at the beginning of this rule for operations excluded from this classification.
6406-31 Stores: Housewares - Retail
Applies to establishments engaged in the retail sale of housewares such as, but not limited to, pots and pans, flatware, dishes, towels, canister sets, soap dishes, towel bars, waste baskets, plant stands, and curtains or draperies.
Special note: Refer to classification 6406 general description at the beginning of this rule for operations excluded from this classification.
6406-33 Stores: Gift shops, N.O.C. - Retail
Applies to establishments engaged in the retail sale of gift items not covered by another classification (N.O.C.) such as, but not limited to, crystal and silver serving pieces, china, cut glass, picture frames, wedding and shower books and invitations, special occasion cards, decorative statues, boxed candy, and ornaments. This merchandise tends to be of a finer selection than the everyday wares common in variety shops.
Special note: Refer to classification 6406 general description at the beginning of this rule for operations excluded from this classification.
[07-01-014, recodified as § 296-17A-6406, filed 12/8/06, effective 12/8/06. Statutory Authority: RCW 51.16.035. 99-18-068, § 296-17-710, filed 8/31/99, effective 10/1/99; 98-18-042, § 296-17-710, filed 8/28/98, effective 10/1/98; 96-12-039, § 296-17-710, filed 5/31/96, effective 7/1/96. Statutory Authority: RCW 51.04.020(1) and 51.16.035. 93-12-093, § 296-17-710, filed 5/31/93, effective 7/1/93. Statutory Authority: RCW 51.16.035. 86-12-041 (Order 86-18), § 296-17-710, filed 5/30/86, effective 7/1/86; 85-24-032 (Order 85-33), § 296-17-710, filed 11/27/85, effective 1/1/86; 85-06-026 (Order 85-7), § 296-17-710, filed 2/28/85, effective 4/1/85; 83-24-017 (Order 83-36), § 296-17-710, filed 11/30/83, effective 1/1/84; 80-17-016 (Order 80-23), § 296-17-710, filed 11/13/80, effective 1/1/81; Order 77-27, § 296-17-710, filed 11/30/77, effective 1/1/78; Order 75-38, § 296-17-710, filed 11/24/75, effective 1/1/76; Order 73-22, § 296-17-710, filed 11/9/73, effective 1/1/74.]
6512-00 Home care services/home care ((quality authority
(HCQA))) referral registry (HCRR)
Applies to persons who are employed by ill, disabled, or
vulnerable individuals to provide home care services that
enable those individuals to remain in their own homes.
Services provided may include, but are not ((be)) limited to:
((Personal care such as assistance with dressing, feeding,
personal hygiene to facilitate self-care;))
Household tasks, such as housekeeping, shopping, meal
planning and preparation, and transportation; and((/or))
delegated tasks of nursing under RCW 18.79.260 (3)(e)((.));
Personal care such as assistance with dressing, feeding, and personal hygiene to facilitate self-care.
Special note: Premiums are paid by the home care
((quality authority (HCQA))) referral registry (HCRR) on
behalf of the persons who provide the home care services.
[07-01-014, recodified as § 296-17A-6512, filed 12/8/06, effective 12/8/06. Statutory Authority: RCW 51.16.035, 51.16.100. 06-12-075, § 296-17-72203, filed 6/6/06, effective 1/1/07.]
6708-01 Jockeys
Applies to jockeys riding horses in a race, or working with the horses in any way, during the dates of a scheduled race meet. Coverage during a race meet is through election of optional coverage and is to be reported at ten hours per mount per race or ten hours per day if not riding in a race. Coverage outside the dates of a race meet is mandatory. Jockeys will be considered exercise riders when employed by a trainer and/or owner at a time other than during the dates of a scheduled race meet and are then reportable in classification 6614, 6616, or 7302 as appropriate to their job duties.
6708-02 Professional motor vehicle or watercraft race drivers
Applies to professional motor vehicle/water craft race drivers during a competition. Coverage during a competition is mandatory and is subject to a division of hours as provided in the general exclusion section of the general reporting rules.
When not driving during competition, hours worked are
reportable as appropriate to the work being performed((;)):
Maintenance of a racing motor vehicle and/or pit crew
operations which ((is)) are to be reported separately in
classification 3411;
Assembly of a racing motor vehicle which is to be
reported separately in classification 3402; maintenance of a
racing water craft and/or pit crew operations which ((is)) are
to be reported separately in classification 3414; assembly of
a racing water craft which is to be reported separately in
classification 2903, 3402 or 3511 as appropriate; and any
other work usually done for this employer which is to be
reported separately as appropriate to the employees usual job
duties.
This classification excludes piloting an aircraft in a race which is to be reported separately in classification 6803 for a plane or 6801 for a hot air balloon.
Special note: Race car drivers are reported at ten hours for each race/heat.
[07-01-014, recodified as § 296-17A-6708, filed 12/8/06, effective 12/8/06. Statutory Authority: RCW 51.16.035, 51.16.100. 06-12-075, § 296-17-739, filed 6/6/06, effective 1/1/07. Statutory Authority: RCW 51.16.035. 98-18-042, § 296-17-739, filed 8/28/98, effective 10/1/98; 87-24-060 (Order 87-26), § 296-17-739, filed 12/1/87, effective 1/1/88; 85-24-032 (Order 85-33), § 296-17-739, filed 11/27/85, effective 1/1/86; Order 77-10, § 296-17-739, filed 5/31/77; Order 74-40, § 296-17-739, filed 11/27/74, effective 1/1/75; Order 73-22, § 296-17-739, filed 11/9/73, effective 1/1/74.]
7202-00 Real estate agencies
Applies to establishments engaged in buying, selling,
renting, and appraising real estate for others. A real estate
licensee will ((study property listings, accompany clients to
property sites to show the property, and assist in the
completion of real estate documents such as real estate
contracts, leases, and seller's disclosure documents. They
will also hold open houses, conduct negotiations, and assist
at the closing)):
Accompany clients to property sites to show the property;
Assist at the closing;
Assist in the completion of real estate documents such as real estate contracts, leases, and seller disclosure documents;
Conduct negotiations;
Hold open houses;
Study property listings.
This classification includes clerical office and sales
personnel. Real estate sales personnel, including ((agents))
brokers, are considered to be workers of the managing broker
or real estate agency employing them.
This classification excludes building and/or property management services which are to be reported separately in classification 4910.
Special note: Real estate ((sales agents)) brokers are
included in the industrial insurance definition of "worker"
and ((should)) must NOT be treated as independent contractors. (RCW 51.08.180 and 51.08.195.)
[Statutory Authority: RCW 51.16.035, 51.16.100, 2008 c 70, and Title 51 RCW. 08-15-132, § 296-17A-7202, filed 7/22/08, effective 10/1/08. 07-01-014, recodified as § 296-17A-7202, filed 12/8/06, effective 12/8/06. Statutory Authority: RCW 51.16.035, 51.16.100. 05-12-031, § 296-17-764, filed 5/24/05, effective 7/1/05. Statutory Authority: RCW 51.16.035. 99-18-068, § 296-17-764, filed 8/31/99, effective 10/1/99; 98-18-042, § 296-17-764, filed 8/28/98, effective 10/1/98; 85-24-032 (Order 85-33), § 296-17-764, filed 11/27/85, effective 1/1/86; 85-06-026 (Order 85-7), § 296-17-764, filed 2/28/85, effective 4/1/85; 83-24-017 (Order 83-36), § 296-17-764, filed 11/30/83, effective 1/1/84. Statutory Authority: RCW 51.04.030 and 51.16.035. 79-12-086 (Order 79-18), § 296-17-764, filed 11/30/79, effective 1/1/80.]
OTS-4619.2
AMENDATORY SECTION(Amending WSR 07-01-014, filed 12/8/06,
effective 12/8/06)
WAC 296-17A-0504
Classification 0504.
0504-06 Waterproofing, N.O.C.: Buildings or structures
Applies to contractors engaged in waterproofing buildings
or structures not covered by another classification (N.O.C.).
This classification includes the application ((and repair
services)) of waterproofing or sealant material to surfaces or
cracks and voids to eliminate leaks in all types of buildings
or structures, regardless of height((, including)). Such
structures may include, but are not limited to((,)):
Foundations and foundation walls, walls, floors, decks,
fences, walkways and driveways. Waterproof material is
applied to a variety of surfaces such as wood, concrete,
asphalt, steel, metal, plaster, or stone. There are several
types of waterproof processes which may include: Membrane,
which adheres long strips of rubber and pumice to exterior
walls or foundations with the use of primer; pressure
injection, which uses a long wand inserted into the ground to
fill cracks; epoxy injection, which is performed on the
interior or exterior with use of a caulk gun to inject a
silicon material into cracks; or application with use of a
brush, roller or spray directly onto the surface. ((This
classification includes the application of asphalt sealant to
driveways.))
This classification excludes: Excavation work performed
in conjunction with a waterproofing contract which is to be
reported separately in classification 0101; waterproofing
operations performed in connection with roofing or subaqueous
work which ((is)) are to be reported separately in the
classification applicable to the work being performed; the
application of asphalt sealant or waterproof materials to
roadways and parking lots which is to be reported separately
in classification 0219; filling cracks or voids with like
materials which is to be reported separately in the
classification applicable to the repair work being performed;
and the application of waterproof materials performed by a
concrete contractor as part of the concrete construction
project which is to be reported separately in the
classification applicable to the work being performed.
Special note: ((Classification 0101 applies when)) If
excavation work is performed (to remove dirt away from a
foundation wall or to push it against the wall after the
waterproofing material is applied) classification 0101
applies, regardless of the type of contractor performing the
excavation work.
0504-18 Pressure washing services or sandblasting, N.O.C.:
Buildings or structures
Applies to contractors engaged in pressure washing or
sandblasting buildings or structures, not covered by another
classification (N.O.C.). This classification includes
cleaning, washing, pressure washing or sandblasting
((buildings or structures. These services are performed)) to
remove dirt, moss, rust or old paint ((from buildings or
structures)). Pressure washing involves a forced spray of air
and water to remove unwanted surface materials((, whereas,)).
Sandblasting, or abrasive blasting, involves a forced spray of
sand, steel, or glass. This classification includes the
cleaning of roofs, gutters, and downspouts, and the removal of
moss or snow from multiple story buildings. ((Pressure
washing and sandblasting systems include portable blast and
pressure cleaning machines, hand-operated, cabinet-type
sandblasting or pressure washing machines, automatic blast or
pressure cleaning machines and wet-blast cleaning machines.))
This classification excludes: Contractors engaged in
multimedia blasting in shop which is to be reported separately
in classification 3402; pressure washing or sandblasting by a
painting contractor as a part of the preparation for painting
exterior buildings, structures, or the interior/exterior of
tanks which is to be reported separately in the classification
0504-21; pressure washing as a part of interior building
painting contracts which is to be reported separately in
classification 0521; cleaning or washing roofs, or removing
snow from, single story buildings (((provided)) when the
cleaning or washing is not part of a painting or roofing
contract) which is to be reported separately in classification
6602; waterproofing buildings or structures, N.O.C. which is
to be reported separately in classification 0504-06; and
pressure washing or sandblasting operations performed in
conjunction with and as a part of another type of business
such as a foundry, metal goods manufacturer, auto body repair
shop, etc., which is to be reported separately in the
applicable classification.
0504-20 Lead abatement
Applies to contractors engaged in lead abatement which is
performed on structures where there are significant amounts of
lead-based paint and lead dust. Contractors must comply with
various governmental regulations. The first step in all lead
abatement projects is the preliminary testing of the site to
determine the presence of lead and the extent of the
contamination. If the ground surrounding the proposed
worksite is contaminated, it will require remediation, which
is done by a soil remediation contractor who is to be reported
separately in the appropriate classification. The next step
is deciding which abatement procedure is right for the project
such as: Encapsulation which is used on interior surfaces to
seal the lead-based paint with a bonding material; enclosure
which is used on interior and exterior surfaces and involves
constructing special airtight enclosures made out of gypsum
wallboard, plywood paneling, aluminum, vinyl or wood exterior
sidings; component replacement which involves removing
building components such as paneling, moldings, windows and
doors which are coated with lead-based paint and replacing
them with new components; and chemical removal, abrasive
removal or ((handscraping)) hand scraping which are methods to
physically remove the lead paint. This classification
includes all preparation work and all cleanup work.
This classification excludes: Soil remediation work which is to be reported separately in classification 0101; asbestos abatement which is to be reported separately in classification 0512; and lead abatement as part of a painting contract for interior/exterior of buildings or structures, or the interior/exterior of tanks which is to be reported separately in the applicable classification.
0504-21 Painting: Exterior buildings or structures, N.O.C.;
Cleaning: Interior/exterior of oil or gas storage tanks, beer
vats, and sewage treatment tanks
Applies to contractors engaged in painting the exterior
of all types of buildings or structures not covered by another
classification (N.O.C.), regardless of height. Buildings and
structures include, but are not limited to((,)): Bridges,
towers, smokestacks, stadiums, factories, warehouses, stores,
churches, and residential or commercial single or multiple
story buildings. Paint is applied by brush, roller or spray
to a variety of surfaces such as wood, concrete, steel, metal,
plaster, stone, or other types of exterior surfaces. This
classification includes all preparation work such as the set
up of scaffolding or power lifts, pressure washing, removal of
old paint or asbestos, sandblasting, taping or masking, and
cleanup work. This classification also applies to cleaning,
coating, or painting the interior/exterior of oil or gas
storage tanks, beer vats, or sewage treatment tanks.
This classification excludes: Contractors engaged in waterproofing buildings or structures, N.O.C. which are to be reported separately in classification 0504-06; pressure washing services or sandblasting of buildings or structures which are to be reported separately in classification 0504-18; interior painting of buildings which is to be reported separately in classification 0521; painting of murals or other artwork on the interior of buildings which is to be reported separately in classification 4109; and painting of murals or other artwork on the exterior of buildings which is to be reported separately in classification 0403.
[07-01-014, recodified as § 296-17A-0504, filed 12/8/06, effective 12/8/06. Statutory Authority: RCW 51.04.020, 51.16.035, and 51.12.120. 03-23-025, § 296-17-519, filed 11/12/03, effective 1/1/04. Statutory Authority: RCW 51.16.035. 99-18-068, § 296-17-519, filed 8/31/99, effective 10/1/99; 98-18-042, § 296-17-519, filed 8/28/98, effective 10/1/98; 96-12-039, § 296-17-519, filed 5/31/96, effective 7/1/96. Statutory Authority: RCW 51.04.020(1) and 51.16.035. 94-12-063, § 296-17-519, filed 5/30/94, effective 6/30/94; 90-13-018, § 296-17-519, filed 6/8/90, effective 7/9/90; 89-24-051 (Order 89-22), § 296-17-519, filed 12/1/89, effective 1/1/90. Statutory Authority: RCW 51.16.035. 88-12-050 (Order 88-06), § 296-17-519, filed 5/31/88, effective 7/1/88; 85-24-032 (Order 85-33), § 296-17-519, filed 11/27/85, effective 1/1/86; 83-24-017 (Order 83-36), § 296-17-519, filed 11/30/83, effective 1/1/84; 82-24-047 (Order 82-38), § 296-17-519, filed 11/29/82, effective 1/1/83; Order 76-36, § 296-17-519, filed 11/30/76; Order 73-22, § 296-17-519, filed 11/9/73, effective 1/1/74.]
1103-00 Coal and solid fuel dealers - Yard operations
Applies to establishments engaged in the sale and delivery of coal, pressed wood fiber logs (fire logs), wood stove pellets, wood chips, and sawdust. Operations contemplated by this classification include all related store, yard and delivery operations when conducted by employees of employers having operations subject to this classification.
This classification excludes all manufacturing operations which are to be reported separately in the classification applicable to the material and process used, and all mining operations which are to be reported separately in the applicable classification.
1103-02 Firewood dealers - Yard operations
Applies to establishments engaged in the sale of
firewood. This classification is limited to establishments
operating a firewood sales lot where customers either pick up
firewood or the dealer ((will)) makes deliveries from. Operations contemplated by this classification are limited to
yard and delivery operations.
This classification excludes firewood cutting operations conducted in timber or forest lands and firewood sales lots conducted from a logging landing which are both to be reported separately in the applicable logging classification.
Special note: Establishments subject to this classification may purchase precut firewood from other nonrelated businesses or may have a cutting crew. The only cutting operations allowed in classification 1103 are those conducted in the sales lot.
1103-04 Composting
Applies to establishments engaged in composting yard waste or other materials. Depending on the type of yard waste accepted, grinders may be used to reduce the size of the material for faster composting. Once the material is an acceptable size for composting, it may be placed in static curing piles, turned periodically to aerate until it is adequately decomposed, then sometimes screened. Another method of curing is to place the waste material in long rows, called "windrows" which are turned periodically. Other establishments, either operated privately or by municipalities, may use processed and dewatered sludge which is mixed with other materials such as shredded yard waste, sawdust, or other wood waste. The mixture must be designed to have the right degree of moisture and air to maintain a temperature of between 130 and 160 degrees Fahrenheit. The end product, in either instance, is a "Class A" pathogen product, meaning it can be used in soil for raising vegetables and is referred to as "manufactured" soil. This classification includes delivery when performed by employees of an employer having operations subject to this classification.
1103-06 Top soil, humus, peat and beauty bark dealers - Yard
operations
Applies to establishments engaged in the sale of soils,
humus, peat, and beauty bark to others. Operations
contemplated by this classification are limited to the receipt
of soils, peat, humus, bark and compost in bulk and the
subsequent load out of bark, soil and related organic matter
into customer vehicles. This classification includes: Custom
mixing soils((,)); incidental sales of landscaping rock, sand,
gravel, and crushed rock((,)); and delivery when performed by
employees of an employer subject to this classification.
This classification excludes: Contract delivery by
nondealer employees who are to be reported separately in
classification 1102((,)); building materials dealers selling
stone, brick, and concrete products which are to be reported
separately in classification 2009; and digging of
soils/humus/peat/gravel or grinding of bark which are to be
reported separately in the applicable classification.
[07-01-014, recodified as § 296-17A-1103, filed 12/8/06, effective 12/8/06. Statutory Authority: RCW 51.16.035, 51.16.100. 05-12-031, § 296-17-538, filed 5/24/05, effective 7/1/05. Statutory Authority: RCW 51.04.020, 51.16.035, and 51.12.120. 03-23-025, § 296-17-538, filed 11/12/03, effective 1/1/04. Statutory Authority: RCW 51.16.035. 98-18-042, § 296-17-538, filed 8/28/98, effective 10/1/98; 96-12-039, § 296-17-538, filed 5/31/96, effective 7/1/96. Statutory Authority: RCW 51.04.020(1) and 51.16.035. 93-12-093, § 296-17-538, filed 5/31/93, effective 7/1/93. Statutory Authority: RCW 51.16.035. 87-12-032 (Order 87-12), § 296-17-538, filed 5/29/87, effective 7/1/87; 85-24-032 (Order 85-33), § 296-17-538, filed 11/27/85, effective 1/1/86; 83-24-017 (Order 83-36), § 296-17-538, filed 11/30/83, effective 1/1/84; 82-24-047 (Order 82-38), § 296-17-538, filed 11/29/82, effective 1/1/83; Order 73-22, § 296-17-538, filed 11/9/73, effective 1/1/74.]
4905-04 Hotels or motels
Applies to establishments engaged in providing lodging
and associated services to others. Accommodations included in
this classification vary from a single room in a "bed &
breakfast," to individual cabins, to luxury suites in a
multistory hotel. Hotel and motel operations may include a
wide range of activities which are within the scope of this
classification such as, but not limited to((, housekeeping,
laundry, bellhops, valets, shuttle service, maintenance
personnel, and continental breakfast (if not in connection
with a separate restaurant operation).)):
Bellhops;
Continental breakfast (if not in connection with a separately licensed restaurant operation);
Housekeeping;
Laundry;
Maintenance personnel;
Shuttle service;
Valets.
Hotel and motel desk clerks with no other duties can be
reported separately in classification 4904. If no interchange
of labor exists between operations, multiple classifications
may be allowed for operations such as, but not limited to((,
shops, beauty salons, grocery stores, drug stores, newsstands,
and service stations, provided no interchange of labor exists
between operations.)):
Beauty salons;
Drug stores;
Grocery stores;
Newsstands;
Service stations;
Shops.
When an interchange of labor exists, the operations are to be assigned to classification 4905-04 without a division of hours.
This classification excludes restaurant and lounge employees which are to be reported separately in classification 3905 and other operations conducted by independent concessionaires which are to be reported separately in the applicable services or store classification.
Special note: If a lodging establishment has a separately licensed restaurant operation, they may qualify for classification 3905. With two basic classifications an employee's hours may be divided, see WAC 296-17-31017. Providing only a continental breakfast requires either a bed and breakfast or continental breakfast food-service license. These types of food service do not qualify for classification 3905.
[07-01-014, recodified as § 296-17A-4905, filed 12/8/06, effective 12/8/06. Statutory Authority: RCW 51.16.035. 98-18-042, § 296-17-654, filed 8/28/98, effective 10/1/98; 96-12-039, § 296-17-654, filed 5/31/96, effective 7/1/96. Statutory Authority: RCW 51.04.020(1) and 51.16.035. 89-24-051 (Order 89-22), § 296-17-654, filed 12/1/89, effective 1/1/90. Statutory Authority: RCW 51.16.035. 85-24-032 (Order 85-33), § 296-17-654, filed 11/27/85, effective 1/1/86; 85-06-026 (Order 85-7), § 296-17-654, filed 2/28/85, effective 4/1/85; 83-24-017 (Order 83-36), § 296-17-654, filed 11/30/83, effective 1/1/84; 81-24-042 (Order 81-30), § 296-17-654, filed 11/30/81, effective 1/1/82; Order 76-36, § 296-17-654, filed 11/30/76; Order 73-22, § 296-17-654, filed 11/9/73, effective 1/1/74.]
OTS-4617.1
AMENDATORY SECTION(Amending WSR 07-01-014, filed 12/8/06,
effective 12/8/06)
WAC 296-17A-7107
Classification 7107.
7107-01 Temporary staffing services: Retail bakery,
restaurant, or food ((sundry)) preparation; musicians or
entertainers
This classification applies to employees of a temporary staffing company who are assigned on a temporary basis to a client customer and who are engaged in activities such as, but not limited to, baking, cooking, food preparation, waiting and busing tables, and dishwashing. This classification also includes musician and entertainment employees assigned on a temporary basis to a client customer.
[07-01-014, recodified as § 296-17A-7107, filed 12/8/06, effective 12/8/06. Statutory Authority: RCW 51.04.020 and 51.16.035. 03-20-081, § 296-17-760, filed 9/30/03, effective 1/1/04. Statutory Authority: RCW 51.16.035. 98-18-042, § 296-17-760, filed 8/28/98, effective 10/1/98; 88-12-050 (Order 88-06), § 296-17-760, filed 5/31/88, effective 7/1/88; 87-12-032 (Order 87-12), § 296-17-760, filed 5/29/87, effective 7/1/87; 85-24-032 (Order 85-33), § 296-17-760, filed 11/27/85, effective 1/1/86; 85-06-026 (Order 85-7), § 296-17-760, filed 2/28/85, effective 4/1/85; 83-24-017 (Order 83-36), § 296-17-760, filed 11/30/83, effective 1/1/84; 82-24-047 (Order 82-38), § 296-17-760, filed 11/29/82, effective 1/1/83; 80-17-016 (Order 80-23), § 296-17-760, filed 11/13/80, effective 1/1/81. Statutory Authority: RCW 51.04.030 and 51.16.035. 79-12-086 (Order 79-18), § 296-17-760, filed 11/30/79, effective 1/1/80.]
7109-01 Temporary staffing services: Electronic, precision,
and scientific equipment assembly; nonfield technician
services
This classification applies to employees of a temporary staffing company who are assigned on a temporary basis to a client customer and who are engaged in the assembly of electronic or biomedical equipment or engaged in printing and bindery work and temporary staffing employees assigned to work in a client company's mail room and who as a part of their duties operate bindery, labeling, mailing or sorting machines. This classification includes, but is not limited to, electronic assemblers, electro-mechanical assemblers, quality control inspectors, test technicians, kit pullers, storekeepers, upholsterers, seamstresses, tailors, laboratory technicians, printers, offset operators, lead typesetters, mail clerks who operate equipment, and bindery workers.
[07-01-014, recodified as § 296-17A-7109, filed 12/8/06, effective 12/8/06. Statutory Authority: RCW 51.04.020 and 51.16.035. 03-20-081, § 296-17-762, filed 9/30/03, effective 1/1/04. Statutory Authority: RCW 51.16.035. 98-18-042, § 296-17-762, filed 8/28/98, effective 10/1/98. Statutory Authority: RCW 51.04.020(1) and 51.16.035. 93-12-093, § 296-17-762, filed 5/31/93, effective 7/1/93. Statutory Authority: RCW 51.16.035. 88-12-050 (Order 88-06), § 296-17-762, filed 5/31/88, effective 7/1/88; 85-24-032 (Order 85-33), § 296-17-762, filed 11/27/85, effective 1/1/86; 83-24-017 (Order 83-36), § 296-17-762, filed 11/30/83, effective 1/1/84; 82-24-047 (Order 82-38), § 296-17-762, filed 11/29/82, effective 1/1/83; 81-24-042 (Order 81-30), § 296-17-762, filed 11/30/81, effective 1/1/82. Statutory Authority: RCW 51.04.030 and 51.16.035. 79-12-086 (Order 79-18), § 296-17-762, filed 11/30/79, effective 1/1/80.]
7112-00 Temporary staffing services: Agricultural operations;
animal care
This classification applies to employees of a temporary staffing company who are assigned on a temporary basis to a client customer and who are engaged in any aspects of agricultural operations such as field crops, livestock, stables, dairies, nurseries, and greenhouses. This classification contemplates all agricultural employments including the operation of power driven farm machinery or equipment.
[07-01-014, recodified as § 296-17A-7112, filed 12/8/06, effective 12/8/06. Statutory Authority: RCW 51.04.020 and 51.16.035. 03-20-081, § 296-17-76203, filed 9/30/03, effective 1/1/04. Statutory Authority: RCW 51.16.035. 98-18-042, § 296-17-76203, filed 8/28/98, effective 10/1/98; 88-12-050 (Order 88-06), § 296-17-76203, filed 5/31/88, effective 7/1/88.]
7113-00 Temporary staffing services: Janitorial, plant or
facility supplemental maintenance, excluding machinery and
grounds keeping services
This classification applies to employees of a temporary staffing company who are assigned on a temporary basis to a client customer and who are engaged in janitorial work, building preoccupancy cleanup, plant or facility maintenance, and/or grounds maintenance work on an existing landscape. Grounds keeping work contemplated by this classification means, but is not limited to, mowing lawns, pruning shrubs, and weeding, as compared to new landscape construction work. This classification includes landscape workers involved exclusively in hand labor work such as raking, digging, using a wheelbarrow to haul soil, beauty bark or decorative rock, whether performed as maintenance of existing landscape or new landscape work.
This classification excludes employees engaged in cleaning exterior windows, cleaning and removing debris or building material, and construction of new landscapes such as, but not limited to, clearing of land, installation of underground sprinkler systems, moving boulders, who are to be reported separately in classification 7118; and employees engaged in removing trees who are to be reported separately in classification 7121, and machinery maintenance which is to be reported in classification 7117. A division of worker hours is not permitted between this classification and any other classification.
[07-01-014, recodified as § 296-17A-7113, filed 12/8/06, effective 12/8/06. Statutory Authority: RCW 51.04.020 and 51.16.035. 03-20-081, § 296-17-76204, filed 9/30/03, effective 1/1/04. Statutory Authority: RCW 51.16.035. 98-18-042, § 296-17-76204, filed 8/28/98, effective 10/1/98. Statutory Authority: RCW 51.04.020(1) and 51.16.035. 93-12-093, § 296-17-76204, filed 5/31/93, effective 7/1/93. Statutory Authority: RCW 51.16.035. 88-12-050 (Order 88-06), § 296-17-76204, filed 5/31/88, effective 7/1/88.]
7115-00 Temporary staffing services: Cannery, bottling or
food processing and manufacturing operations
This classification applies all to employees of a temporary staffing company who are assigned on a temporary basis to a client customer and who are engaged in cannery, bottling or food processing operations such as, but not limited to, canning, freezing, or dehydrating, or in packing fresh fruits or vegetables. Cooking or otherwise preparing food prior to processing or packing is included in this classification.
[07-01-014, recodified as § 296-17A-7115, filed 12/8/06, effective 12/8/06. Statutory Authority: RCW 51.04.020 and 51.16.035. 03-20-081, § 296-17-76206, filed 9/30/03, effective 1/1/04. Statutory Authority: RCW 51.16.035. 98-18-042, § 296-17-76206, filed 8/28/98, effective 10/1/98; 88-12-050 (Order 88-06), § 296-17-76206, filed 5/31/88, effective 7/1/88.]
7117-00 Temporary staffing services: Manufacturing
operations, N.O.C.; specialty trades
This classification applies to employees of a temporary staffing company who are assigned on a temporary basis to a client customer engaged in a variety of manufacturing and processing operations. This classification includes employees who may operate power driven equipment or machinery such as, but not limited to, forklifts, table saws, drill presses, industrial packaging and processing equipment or machinery N.O.C. This classification includes occupations such as, but not limited to, machinists, mechanics, welders, tool and die makers, cabinet makers, painters, and fabricators. This classification also includes employees of a temporary staffing company who work in the specialty trades of plumbing, electrical wiring, or sheet metal work either at a plant or a construction site. Businesses or industries contemplated by this classification include, but are not limited to, cabinet shops, wood products manufacturers, plastic goods manufacturers, fiberglass goods manufacturers, glass manufacturers, foundries, metal goods manufacturers, brick, cement or masonry products manufacturers; lumber remanufacturers, amusement parks, sign painting shops, and laundries, but does not apply to shake or shingle mills.
This classification excludes all employees of a temporary
staffing company assigned to work for a client customer at a
construction site except the specialty trades described above.
This classification also excludes employees of a temporary
staffing company who are assigned to work in maritime trades
subject to Washington workers' compensation laws who are to be
reported separately in classification 7120((; and employees
assigned to do plant maintenance work in a customer's plant
who are to be reported separately in classification 7113)).
[07-01-014, recodified as § 296-17A-7117, filed 12/8/06, effective 12/8/06. Statutory Authority: RCW 51.04.020 and 51.16.035. 03-20-081, § 296-17-76208, filed 9/30/03, effective 1/1/04. Statutory Authority: RCW 51.16.035. 98-18-042, § 296-17-76208, filed 8/28/98, effective 10/1/98; 88-12-050 (Order 88-06), § 296-17-76208, filed 5/31/88, effective 7/1/88.]